AUSTIN - A recently filed house bill is seeking to address litigation brought against transportation network companies, such as rideshare providers for example.
On Jan. 26, Rep. Jeff Leach (R-Plano) introduced HB 1745, which relates to civil actions or arbitrations involving transportation network companies.
The legislation would require an affidavit when a claimant initially names a transportation network company as defendant that specifically sets forth each theory of recovery. The bill would further require the claimant to file a third-party expert affidavit attesting that the damages exceed the applicable insurance coverage.
If a claimant fails to file the required affidavits, a “court or arbitration tribunal shall dismiss with prejudice” the complaint against the transportation network company, the bill states.
The Texas Civil Justice League has come out in strong support of HB 1745.
“It is a common-sense approach to ensuring that a lawsuit against a rideshare company gives the defendant adequate notice of the specific theories of liability asserted by the plaintiff, an expert opinion of why the plaintiff’s injuries exceed the $2 million in insurance already mandated by Texas law, and protection from vicarious liability claims if the defendant has complied with the law,” TCJL states on its website.
“We are grateful to Chairman Leach for leading this effort and will do our part to make it a success this session.”