Deadly I-35 pileup comes amid push to make it harder to sue trucking companies
AUSTIN (KXAN) — The arrest of a semi-truck driver in connection to Thursday night's deadly pileup comes a day after Lt. Gov. Dan Patrick laid out his priority list at the Capitol. Among them, two bills he describes as 'protecting Texas trucking' and 'curbing nuclear verdicts.'
The driver, Solomun Weldekeal Araya, 37, was charged with five counts of intoxication manslaughter with a vehicle and two counts of intoxication assault with vehicle involving serious bodily injury in connection with the crash, according to the Austin Police Department.
'Look, there's no greater tragedy than this,' said Austin attorney Adam Loewy reacting to the 17-vehicle crash on I-35 that killed a child, an infant and three adults and injured 11.
'You had a baby die because of this,' said Loewy. 'You had adults die because of this.'
'It was hard to see this': Bystanders help after fatal 17-vehicle crash
Loewy, who is currently representing victims hurt in a different 18-wheeler crash in this same area a month ago, worries about families seeking accountability and justice.
Under Senate Bill 30 — what Patrick touted as 'curbing nuclear verdicts' — judges could have discretion to lower jury verdicts that are over $1 million in wrongful death cases and $250,000 in personal injury lawsuits.
'Texans for Lawsuit Reform, TLR, which has been a big player in Texas for about 30 years … once again filed a bill to try to make it more difficult than ever to hold 18-wheeler companies accountable,' Loewy said.
'I am hopeful that the legislature again rejects their efforts,' he added.
In a statement, TLR called the crash a 'horrible tragedy' but defended its push for more protections for the trucking industry.
'Bills filed in the Texas Legislature this session that TLR supports will not prevent anyone involved in this tragic collision from pursuing a lawsuit, recovering all that is entitled to them from the driver and the company that hired the driver, and even recovering damages to punish both the driver and company if appropriate,' said TLR President Lee Parsley.
'The bills, however, will prevent plaintiff lawyers from pursuing lawsuits that lack merit,' Parsley added, 'which will help alleviate congestion in our courts so that legitimate lawsuits can move forward quickly and in a fair environment.'
Deadly truck crash foreshadows fight between business, safety at Capitol
In 2021, lawmakers passed House Bill 19. It splits civil lawsuits against commercial vehicles into two trials, limiting what and when juries can hear certain information about a company.
Last October, KXAN spoke with the president of the Texas Trucking Association, which is part of the Lone Star Economic Alliance — a group backing efforts to expand lawsuit reform this legislative session.
'Your critics will say HB 19 and these other measures are meant to just protect and shield businesses over the expense of victims; what would you say to them?,' KXAN investigative reporter Matt Grant asked at the time.
'Sure, I'd say that the frivolous lawsuit environment is an absolute business for these attorneys that prey on business creators, job creators in this state,' said TTA President John Esparza.
Asked if felt the majority of lawsuits are frivolous, Esparza responded: 'A good number of them are.'
'They might have had a chance.' Widower pushing for truck safety devices
Houston Attorney Eric Allen disagrees.
His firm is representing the family of Tracy Rambosek, who was killed in Bell County last year by a truck driver allegedly texting at the time.
'The moral implications of limiting damages in the name of saving insurance dollars is repulsive and disgusting,' Allen said. 'You can't put a value on a human life, yet you're going to limit that value in the name of insurance premiums? You tried it with medical malpractice and insurance rates and medical bills are only higher.'
'The real reason that you do this is political,' he added. 'Always has been, always will be.'
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