Many businesses use trucking companies to transport their products in and around Texas. While the size of tractor trailers makes them efficient for hauling goods, it also creates substantial risks for other people on the road, as collisions involving commercial trucks are frequently deadly. People hurt in such crashes can often recover damages from both the driver of the truck and their employer. However, as demonstrated in a recent Texas ruling issued in a truck accident case, JNM Express, et al. v. Lauro Lozano Jr. and Irene Lozano (No. 21-0853), it is not always readily evident who employs a truck driver and is therefore responsible for the harm they cause. If you were hurt in a truck collision, it is crucial to confer with a Texas truck accident lawyer about your rights as soon as possible.
Factual and Procedural Background
It is alleged that the plaintiff and a truck driver were involved in a collision. The collision, which caused the plaintiff severe injuries, was caused by the truck driver falling asleep at the wheel. The plaintiff subsequently filed a lawsuit seeking damages from the defendant trucking company and the defendant brokerage companies, both of which he alleged were the driver’s employers, alleging negligence and gross negligence against the companies and their owners.
Reportedly, following a trial, the jury awarded substantial damages, including exemplary damages against the companies. The trial court held all defendants jointly and severally liable for the damages. Following an appeal, the court of appeals affirmed most of the judgment but eliminated joint and several liability for exemplary damages against the owners. The defendants then filed a petition for review, which the court granted. Continue Reading