WASHINGTON — The American Transportation Research Institute (ATRI) is releasing new research on the scope of tort litigation in the trucking industry and the factors that influence case outcomes.
Also included are new updates on third-party litigation financing, carrier policies and procedures that impact the likelihood of lawsuits, whether Federal Motor Carrier Safety Regulations represent full compliance or minimum standards, and a new plaintiff focus on product liability suits.
“Both frivolous and excess litigation pose grave challenges to the trucking industry today,” said Nathan J. Meisgeier, Werner Enterprises president and chief legal officer. “They drain significant time and resources that could otherwise be spent on improving industry operations and safety. ATRI’s data-driven insights on case outcomes are a valuable resource for decision makers.”
Numerous Factors Made for Higher Pay Outs
Using a variety of federal and industry litigation data sources, the research analyzes six years of truck tort cases. In 2022 alone, the report estimates that there were 12,817 state truck-tractor tort cases, as many as 147 of which were improperly prevented from reaching federal court – where cases are often more 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 identifies numerous factors that statistically lead to higher awards, including types of negligence (such as improper hiring or onboarding) and injuries (such as moderate and severe traumatic brain injury). It 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.
Trial strategies were analyzed, and it was discovered that counterclaims – where evidence of plaintiff negligence was presented – did not result in statistically lower awards, underscoring jury bias faced by motor carriers. Non-medical awards were more than 10 times higher than medical awards in 17.8 percent of cases, indicating the presence of exaggerated non-medical claims.
Fair and Balanced Reforms
“ATRI’s report underscores the need for fair and balanced reforms to the legal system and the importance of remaining vigilant in this challenging legal environment,” said Renee Amar, Louisiana Motor Transport Association executive director. “Its assessment of the current litigation environment serves as an important wake-up call for policymakers.”
Click here to read the full report.
Dana Guthrie is an award-winning journalist who has been featured in multiple newspapers, books and magazines across the globe. She is currently based in the Atlanta, Georgia, area.
