American Transportation Research Institute (ATRI) study findings maintain large verdicts against trucking fleets are increasing in number and size of awards.
The report, Understanding the Impact of Nuclear Verdicts on the Trucking Industry, is partially based on a newly created trucking litigation database providing detailed information on 600 cases between 2006 and 2019.
“This issue has had a stifling impact on motor carriers and industry stakeholders – well beyond those involved in a truck crash,” Rob Moseley, founding partner with Mosely Marcinak Law Group, said. “ATRI’s research on litigation provides important guidance on leveling the playing field between truckers and trial lawyers, both in and outside of the courtroom.”
Per the analysis, from 2010 to 2018, the size of verdict awards increased 51.7 percent annually while standard inflation grew 1.7 percent, and healthcare costs grew 2.9 percent. Dozens of defense and plaintiff attorneys were interviewed for the study, as well as insurance and motor carrier experts, generating qualitative analysis for why the litigation landscape has changed, recommendations for modifying pre-trial preparations, litigation strategies, and mediation.
“Runaway verdicts are increasing in both size and numbers,” Clay Porter, partner at Porter Rennie Woodard and Kendall, said. “This study documents a frequency in excessive awards that, while not surprising, tells us that the trial system has gotten off track. Foundational changes are needed in the way we determine non-economic and punitive damages.”