Trucking Lawsuits: New ATRI Research Dives into Latest Trends

ATRI Report Shows Trucking Lawsuits Are Rising Across the Industry

The American Transportation Research Institute (ATRI) has released new research showing how trucking lawsuits are growing and becoming more costly. The study covers six years of court cases and legal data. It also reviews trends that are shaping the legal environment for motor carriers.

Trucking Lawsuits Increasing in State and Federal Courts

ATRI found that the number of trucking lawsuits continues to rise. In 2022, there were an estimated 12,817 state-level cases involving tractor-trailers. Many of these cases should have qualified for federal court, but as many as 147 stayed in state courts instead. Verdicts in state courts tend to be higher and less predictable.

Federal courts use jury pools from much wider areas. They also tend to produce more balanced outcomes. ATRI estimates the trucking industry may have paid more than $100 million in additional verdict costs in 2022 because cases did not move to federal venues.

Large Awards Driving Up the Cost of Trucking Lawsuits

The report shows that the biggest awards in trucking lawsuits are rising the fastest. Awards in the upper half of all cases increased an average of 5.7 percent per year between 2011 and 2023. These very large payouts—often called “nuclear verdicts”—are becoming more common. Carriers also find them harder to predict, adding pressure to insurance costs and legal planning.

Negligence Factors That Increase Lawsuit Awards

ATRI reviewed more than 20 types of alleged negligence seen in trucking lawsuits. Some categories were closely linked to higher awards. These included:

• improper hiring or onboarding
• employer negligence
• substance abuse
• serious safety rule violations

These claims often point to broader issues inside a company, and juries tend to respond strongly to them.

ATRI also found that cases involving severe injuries resulted in much larger payouts. This included traumatic brain injuries, spinal injuries, and cases involving multiple types of injuries.

Negligence Claims Are Common

Some negligence claims were often the only cause listed in a trucking lawsuit. These included improper merging, running a red light, and failure to stop. These claims alone were enough to result in plaintiff victories in many cases.

Other negligence types—such as fatigue, substance use, or hours-of-service violations—did not usually cause crashes by themselves. However, when they appeared in a case, they greatly increased the size of the award.

Settlement Trends

The report highlights key differences between settlements and trial verdicts in trucking lawsuits. In cases worth less than $1 million, settlements were often higher than trial results. But in cases valued at $5 million or more, settlements were lower than jury verdicts. This creates a difficult decision for carriers deciding whether to settle or go to trial.

ATRI also found that counterclaims—where the defense argues that the plaintiff acted negligently as well—did not lower award amounts. This suggests that juries may still lean against motor carriers even when evidence of shared fault exists.

Nonmedical Damages Growing in Trucking Lawsuits

Nonmedical damages often made up the largest share of awards. In nearly 18 percent of cases, nonmedical damages—such as pain and suffering—were more than ten times the medical costs. This trend continues to push total award amounts higher.

New Legal Risks

ATRI identified several emerging trends that may increase trucking lawsuits over the next few years:

• Third-Party Litigation Funding
  • Outside financial firms now invest in lawsuits. These funders often push for larger awards because they profit from a percentage of the final payout.
• FMCSR Compliance Debates
  • Some attorneys argue that meeting federal safety rules is only a “minimum standard.” They claim carriers must exceed those standards to avoid liability, which expands the scope of trucking lawsuits.
• Growth in Product Liability Claims
  • More trucking lawsuits are now targeting truck and equipment manufacturers. These cases can be complex and costly for all parties involved.

Industry Leaders React to Rising Trucking Lawsuits

Industry leaders say the rise in trucking lawsuits creates serious challenges for carriers. “Both frivolous and excess 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,” said Nathan J. Meisgeier, Werner Enterprises President and Chief Legal Officer.

Renee Amar, Executive Director of the Louisiana Motor Transport Association, added that the report “serves as an important wake-up call for policymakers.”