Will You Have a Bifurcated Trial if Your Accident Involves a Truck or Other Commercial Vehicle?

We must sound like a broken record, repeating how complicated truck accident cases tend to be. One reason for the complexity of these cases is that Texas law allows trucking companies to request bifurcated trials in many situations.

If you’ve been involved in a truck accident, it is important to understand what a bifurcated trial is and how it could potentially affect your case. When you contact us directly, we can explain how the law applies to your specific situation. For background information, we provide a general explanation of bifurcated trials in truck accident cases below.

What is a Bifurcated Trial?

A bifurcated trial is a legal proceeding that is divided into two phases. The first phase of the trial addresses only certain issues, and the second phase addresses different issues. Ostensibly, bifurcated trials are fairer for defendants, particularly in jury trials. By separating the issues, the idea is that juries will not be unfairly influenced by information that makes the victim seem particularly sympathetic or makes the defendant seem ruthless and uncaring.

Separating a truck accident case into two trial phases can extend the process of resolving it for a painfully long time. The extended trial can potentially lead to hardship for accident victims. It can also cause problems if adequate steps have not been taken to preserve evidence, as the quality of the evidence often degrades over time.

Trials can be separated in various ways. The bifurcated trials allowed in truck accident cases in Texas are divided into two distinct sets of issues established by statute.

Bifurcated Trials in Texas Truck Accident Cases

Section 72.052 of the Texas Civil Practice and Remedies Code allows defendants to request a bifurcated trial in “certain commercial motor vehicle collision actions.” This includes cases involving not only commercial trucks but also other vehicles used for commercial purposes, such as those used for Amazon deliveries. The first phase of the trial would address the standard issues in most truck accident cases. This phase would include an assessment of the cause of the accident, liability for injuries, and the amount of damages that an accident victim should receive as compensation.

The second phase of the trial would deal with whether “exemplary damages” should be provided and the amount of those damages. Trucking companies were concerned that evidence introduced regarding exemplary damages was unfairly prejudicing the findings that affect the overall outcome.

For instance, in a recent case decided by the Texas Supreme Court, there was speculation that a large verdict was awarded against the trucking company because evidence showed that it had a habit of hiring inexperienced drivers. This evidence was introduced to support the claim that the trucking company was grossly negligent and that it should therefore be required to pay exemplary damages. If the issue of exemplary damages had not been addressed in the initial trial, there was speculation that this evidence would not have been allowed and therefore could not have influenced the outcome. However, the Texas Supreme Court ultimately did not address the issue, so the impact remains speculative.

Understanding Exemplary Damages

Exemplary damages are known as “punitive damages” in many other jurisdictions. These damages are awarded in addition to compensatory damages. The intent of exemplary damages is to punish wrongdoing, much like a fine assessed in a criminal proceeding.

The compensatory damages awarded in any type of case, such as a car accident or motorcycle accident case, are supposed to include amounts to fully compensate an accident victim for their losses. This includes amounts for medical bills and lost wages, amounts to make up for losses expected in the future, such as future care costs, and the pain and suffering caused by the accident, both in the past and in the future.

Exemplary damages are an additional form of monetary award. They are supposed to be awarded only in cases where the defendant has committed an egregious wrong. These punitive damages may be awarded where someone drives a car or truck while they are severely intoxicated, for instance, or when they deliberately try to hurt someone. The goal is to send a message to the defendant and others that society will not tolerate this type of conduct, and to thereby deter similar conduct in the future.

Negligent Entrustment in Truck Accident Cases

A trucking company can be held liable for the actions of its drivers who work for it under the doctrine of vicarious liability. But to recover exemplary damages, it is necessary to do more than simply show that the driver worked for the trucking company. The trucking company must have acted in a grossly negligent or malicious manner.

If it could be shown that the trucking company was negligent in entrusting a vehicle to an incompetent or reckless driver, then it might be possible to recover exemplary damages from the trucking company. Negligent entrustment would constitute gross negligence in this situation. If a trucking company allowed a driver to take out one of their vehicles while the driver was impaired by alcohol or drugs, that could also be considered negligent entrustment and lead to the award of exemplary damages.

An Experienced Truck Accident Attorney Can Ensure You’re Prepared for Your Case

It may be hard to predict at the outset whether a truck accident case will be bifurcated. Sometimes, signs of gross negligence are not revealed until an attorney has been investigating a case for a considerable period of time.

When you work with DeKeyzer Law, we keep you informed of what is happening in the case. If there is ever the potential for a bifurcated trial, we would explain the effects it could have and work with you to minimize any negative consequences.

To discuss the possibilities in a truck accident case or any other situation where someone’s negligence caused injuries, you can schedule a free consultation with our team by contacting us online or calling 713-904-4004.