McCaffety Family raising awareness as bill threatens to impose injury settlement limits in Texas

ROGERS, Texas (KWTX) - Central Texans are speaking out against a bill that could impact all civil personal injury cases and would limit the amount of money injured drivers would be able to demand in lawsuits against trucking companies involved in wrecks.

Senate Bill 30, written by Republican State Sen. Charles Schwertner, also tightens how damages are dealt with in civil lawsuits.

A collision involving an 18-wheeler on Highway 36 claimed the lives of three members of the McCaffety family. Teenager Kelsey McCaffety was the only surviving member of the family.

Kevin Kennedy, a relative, is speaking up, not only for Kelsey, but for other victims without voices.

Kennedy said without the community’s support, the burden would’ve been too hard to bear.

“So grateful for the overwhelming support from the community, it’s unbelievable. She received thousands upon thousands of donations, not just monetary either,” said Kennedy.

However, Kennedy said he’s worried about crash victims who may not have as much help as Kelsey.

Senate Bill 30 could limit how much money Texas drivers could receive in settlement money awarded in court, tighten what victims could sue trucking companies for, and change how damages are handled in civil lawsuits.

“They want to stand on the side of the table of those that caused the accident rather than the victims. It’s not just Kelsey, it’s not just the McCaffety family—there are 50 accidents every month on the highways that cause a fatality involving a commercial vehicle. There’s so many things the legislature could be doing to try to improve our roadway system,” said Kennedy.

However, Sen. Schwertner said this bill is necessary, as he voiced concerns about “nuclear verdicts” and what he believes are inflated medical bills presented in lawsuits.

“Health care providers that over diagnose, over bill, and over treat lead to inflated medical charges that subsequently lead to inflated verdicts that we are all paying for in insurance premiums,” said Schwertner.

Senate Bill 30 would change the rules on the necessity of medical costs in personal injury cases and restrict how much could be claimed.

The bill could also impose stricter rules on noneconomic damages, such as pain and suffering, while setting limits on how much could be awarded.

Kennedy said that would make a person have to prove their grief is debilitating, and if proven, an economic analysis would take place to determine the cost.

“Why would the state of Texas consider Kelsey the bad person and feel like she needs to be put under control, she needs to be limited? And the state, what they’re for is to stand behind the trucking company. In my opinion, that makes no sense at all,” said Kennedy.

Kennedy plans to talk with lawmakers directly so the roadways are safer and victims can get the right financial compensation.

“We’re doing it for those others in the future to try to protect them. The Senate is not looking out for them; the Senate is looking out for the ones who are causing the harm, not those that are harmed,” said Kennedy.

KWTX reached out to Schwertner’s office for comment but has not heard back yet.

Kennedy said he plans to speak at the committee hearing on Senate Bill 30 on May 7.