ATRI unveils new research to highlight the scale and causes of growing trucking litigation

The American Transportation Research Institute (ATRI) recently released new research analyzing tort litigation in the trucking industry. The institute, which conducts data-driven research on transportation safety and operational trends, examined six years of truck tort cases to assess scope, outcomes, and contributing factors.

The research estimates that in 2022 alone, there were 12,817 state truck-tractor tort cases, with as many as 147 improperly prevented from reaching federal court. In the largest half of cases, awards increased by an average of 5.7% per year, highlighting the financial impact of litigation on the industry.

The study identified factors that lead to higher awards, including types of negligence such as improper hiring or onboarding, and injuries, including moderate and severe traumatic brain injury. It found that settlements were lower than verdicts for awards of $5 million or more but higher than verdicts for awards under $1 million. Alleged negligence related to improper turns, improper merges, and failure to yield was correlated with defense victories.

Trial strategies were also analyzed. Counterclaims showing plaintiff negligence did not statistically lower awards, and nonmedical awards were more than 10 times higher than medical awards in 17.8% of cases, indicating the presence of exaggerated nonmedical claims.

“Both frivolous and excessive litigation pose grave challenges to the trucking industry today. They drain significant time and resources that could otherwise be spent on improving industry operations and safety,” Nathan J. Meisgeier, Werner Enterprises president and chief legal officer, stated. “ATRI’s data-driven insights on case outcomes are a valuable resource for decision-makers.”