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DID YOU KNOW... Lawsuit Abuse Reform ranked #2 in ATRI’s annual list of the trucking industry’s top concerns among over 4,200 industry stakeholders surveyed – its highest ranking to date. In response, ATRI’s Research Advisory Committee prioritized research on the scope of litigation in the trucking industry and the factors that influence case outcomes, updating previous ATRI research on nuclear verdicts.
The research analyzed six years of truck tort cases, using a variety of federal and industry litigation sources. In 2022 alone, the report estimated that there were nearly 13,000 state truck-tractor tort cases, as many as 147 of which were improperly prevented from reaching federal court – where cases are better protected from potential bias. The largest half of awards – those most damaging to the industry – rose at an average rate of 5.7 percent per year.
The report identified numerous factors that lead to statistically higher awards, including types of negligence, such as improper hiring or onboarding, and injuries, such as moderate and severe traumatic brain injury. The analysis found that settlements were lower than verdicts in cases with awards of $5 million or more but higher than verdicts with awards under $1 million.
Three types of alleged negligence were statistically correlated with defense victories, including improper turn, improper merge, and failure to yield. The research also examined trial strategies. Counterclaims – where evidence of plaintiff negligence was presented – did not result in statistically lower awards, underscoring jury bias faced by motor carriers. Nonmedical awards were more than 10 times higher than medical awards in 17.8 percent of cases, indicating the presence of exaggerated nonmedical claims.
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