ATRI analysis spotlights scale of trucking litigation
There were nearly 13,000 state truck-tractor tort cases in 2022 along, and nearly 150 of those cases were improperly prevented from reaching federal court, where cases often are more protected from potential bias, according to a new report from the American Transportation Research Institute.
Additionally, the largest half of awards, which are the most damaging to the trucking industry, rose at an average rate of 5.7% per year, ATRI states in the new Trucking Litigation: A Forensic Analysis report, which outlines the scope of tort litigation trucking today, and the factors that influence case outcomes. Also included are 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,” Nathan J. Meisgeier, Werner Enterprises president and chief legal officer, said in a news release. “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 decisionmakers.”
Using a variety of federal and industry litigation data sources, the research analyzes six years of truck tort cases and 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, ATRI shared.
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. Nonmedical awards were more than 10 times higher than medical awards in 17.8% of cases, indicating the presence of exaggerated nonmedical claims.
“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.”