Nuclear verdicts are increasing and the effects extend well beyond the parties involved in a particular case.
An October American Transportation Research Institute survey indicated tort reform was the second-biggest concern among motor carriers.
From 2013 to 2022, nuclear verdicts increased in frequency as well as median size, according to the U.S. Chamber of Commerce Institute for Legal Reform. In 2022, the median verdict was $36 million, while the number of verdicts exceeding $50 million increased by 6%.
There are concerns that many awards are disproportionate to the levels of damage or negligence argued by plaintiffs, ATRI said.
OOIDA maintains that these lawsuits are often driven by investors seeking to profit, and their ripple effects are felt across the supply chain.
ATRI took a closer look at the fallout from nuclear verdicts, with analysis released on Wednesday, Dec. 3.
In its research, ATRI found that motor vehicle crash cases were the second-most common type of case to result in a nuclear verdict between 2010-2019. In the next decade, the Institute for Legal Reform expects commercial vehicle litigation to contribute 15% to the inflation of food prices, while every $1 million increase in tort costs is associated with a $2 million reduction in U.S. gross domestic product.
The ATRI report estimated in 2022 that as many as 147 truck-tractor tort cases were prevented from reaching federal court, where cases are often more protected from bias.
Factors such as negligence, trial strategies, counterclaims and more were also analyzed.
“Both frivolous and excessive litigation pose grave challenges to the trucking industry,” Nathan J. Meisgeier, Werner Enterprises President and Chief Legal Officer, said. “They drain significant time and resources that could otherwise be spent on improving industry operations and safety.”
Legislative efforts
There are signs, particularly at the state level, that tort reform can affect litigation and insurance.
Enhancing third-party litigation funding transparency, eliminating phantom damages, instituting damage caps and permitting admissibility of seat-belt usage are among the steps states have taken to mitigate nuclear verdicts.
However, there has also been legislation passed in favor of plaintiffs in Illinois, Colorado and Maine.
Federally, three notable bills have been introduced this year: the Forum Accountability and Integrity in Roadway Trucking Act, the Lawsuit Abuse Reduction Act of 2025 and the Litigation Transparency Act of 2025.
“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.”
The study concluded, “If motor carriers in truck accident litigation have to meet a standard of care that goes above and beyond FMCSRs, they would be forced to hit a moving target on a case-by-case basis – an impossible task.”
The full ATRI truck litigation survey results are available online. LL
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