PJC General Negligence 2022

A GENCY AND S PECIAL R ELATIONSHIPS

PJC 10.12

entrusting a vehicle to him to transport persons or property. Tex. Transp. Code § 521.459(a); see North Houston Pole Line Corp. v. McAllister , 667 S.W.2d 829, 835 (Tex. App.—Houston [14th Dist.] 1983, no writ) (former article 6687b, section 37, imposed “duty to know”). In the context of a commercial motor vehicle, the Federal Motor Carrier Safety Regulations require an employer to, among many other things and subject to certain limited exemptions, investigate each employed driver’s motor vehicle record and Department of Transportation–regulated employment history during the preceding three years. See 49 C.F.R. pt. 391, subpt. C (“Background and Character”); 49 C.F.R. pt. 391, subpt. G (“Limited Exemptions”). Use of “injury” or “occurrence.” See discussion at PJC 4.1 Comment.

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