Our goal is to restore fairness. When a commercial vehicle acts wrongfully and causes a crash or injury, it should be held accountable and those injured should be fairly compensated. But unfair litigation tactics are destabilizing the tort system and transforming commercial vehicle accident lawsuits into a profit center for plaintiff lawyers.

The Problem

Opportunity seeking plaintiff lawyers partner with unscrupulous medical providers to grossly inflate claims, resulting in increased insurance premiums and driving trucking companies out of business.

The Scheme

Plaintiff attorneys refer clients to preferred medical facilities in which the patient is instructed NOT to make claims on their insurance, thus side-stepping insurance-based rates. These doctors and lawyers work together to charge exorbitant amounts that are 10–20 times the amount the medical provider actually gets paid for the services.

The Result

Too often, this environment also sees prescribed medical services and treatment above and beyond actual needs. These exaggerated costs are used to leverage settlements. Multi-million dollar or “nuclear” verdicts grab headlines, but abuse is more frequently found in more routine settlements under a typical umbrella coverage of $1 million.

The Consequence

Insurance rates are skyrocketing for the transportation industry. The industry saw a 10 percent increase in 2018 and 30 percent increase in 2019, even for companies with excellent safety records. Commercial liability insurers are leaving the market and companies are closing their doors due to fewer options and climbing rates.

The Solution = Tort Reform
TXTA, TLR and a growing coalition of partners are proposing changes in state law to help level the playing field against these tactics. In conjunction with our coalition partners, we are developing legislative remedies to address the lawsuit abuse that has plagued the trucking industry and bring equity to these abusive practices.

Fix-Paid or Incurred

Liable defendants should only be responsible for reasonable medical bills that are actually paid or owed by the claimant, not for unnecessary treatments and exorbitant charges by cooperative healthcare providers that are used as a mechanism to inflate damages in a lawsuit.

Letters of Protection

So-called ‘letters of protection’ should not be a tool for avoiding the use of health insurance. These letters either put unwitting claimants at risk of owing enormous medical bills or allow healthcare providers to provide services on an unethical contingency fee basis.

The “Reptile” Theory

Painting any company utilizing commercial vehicles as a threat to society by the misuse of federal safety data and claims that Texas does not recognize has to end. The Legislature must create a level playing field in crash lawsuits.

Trucking is Essential and Drives the Texas Economy
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88 Percent Small Company Owners

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1 in 15

1 in 15 Texans Employed by Trucking


2 Million Tons of Goods Transported in Texas Each Day

Lawsuit Abuse Drives Companies Out of Business

55,300 Motor Vehicle Lawsuits Filed in 2019

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118 Percent Increase in Motor Vehicle Lawsuits Since 2008

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1 in 10

1 in 10 Lawsuit-to-Crash Ratio in Texas

A Coalition to Restore Fairness and Accountability
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20 Times the Amount Charged Above Medical Providers Insurance-Based Rates

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400 Percent Increase in Coverage Above Primary or Self-Insurance Limits

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