The American Transportation Research Institute (ATRI) has unveiled new research examining the landscape of tort litigation in the trucking industry. This comprehensive study not only examines the scale of litigation but also the various factors influencing case outcomes, providing valuable insights for fleet operators and stakeholders.
Key Findings on Tort Litigation
ATRI’s latest research draws on a diverse array of federal and industry litigation data sources to analyze six years of truck tort cases. Notably, the report reveals that in 2022 alone, there were approximately 12,817 state truck-tractor tort cases. Alarmingly, up to 147 of these cases were improperly blocked from reaching federal court, where they typically benefit from stronger protections against potential bias.
The financial implications for the industry are significant, as the report highlights that the largest half of litigation awards—those that can have the most detrimental impacts on trucking companies—rose at an alarming average rate of 5.7 percent per year.
Factors Influencing Case Outcomes
The research identifies several key factors that are statistically linked to higher awards in tort cases. These include specific types of negligence, such as improper hiring or onboarding practices, and the severity of injuries, particularly moderate to severe traumatic brain injuries. Interestingly, the study found that settlements tend to be lower than verdicts in cases involving awards of $5 million or more, while they are higher than verdicts in cases with awards under $1 million.
Additionally, three specific types of alleged negligence—improper turns, improper merges, and failures to yield—were correlated with a higher likelihood of defense victories, indicating areas where carriers may need to strengthen their practices.
Insights on Trial Strategies and Jury Bias
ATRI’s analysis also sheds light on trial strategies, noting that counterclaims—where evidence of the plaintiff’s negligence is introduced—did not result in statistically lower awards. This finding highlights the challenge of jury bias that motor carriers often face in court.
Moreover, the research indicates that nonmedical awards were more than ten times higher than medical awards in 17.8 percent of cases, suggesting a potential trend of exaggerated nonmedical claims impacting litigation outcomes.
For those interested in a deeper dive into these findings, the full report is accessible on ATRI’s website.
As litigation in the trucking industry continues to evolve, understanding these trends and factors is crucial for fleet operators. By staying informed about the dynamics of litigation, carriers can better navigate the complexities of the legal landscape and implement proactive measures to mitigate risks. Staying educated about such research can empower fleets to make better decisions that enhance compliance and protect their interests in an increasingly litigious environment.
