Escalating Costs in Trucking Litigation: Navigating the Crisis

Thang Truong
Thang Truong
Updated on:

The American trucking industry, a crucial cog in the nation’s economy, is currently navigating treacherous waters. Over the past decade, the landscape of trucking litigation has seen a tumultuous shift, with settlement amounts and jury awards skyrocketing to unprecedented levels. This alarming trend, intensified by evolving legal tactics and the ripple effects on insurance, threatens the very backbone of an industry predominantly comprised of small businesses. Delving into this crisis, we explore the intricate details of this surge and the potential measures to rein in the escalating costs.

The Rise of Trucking Lawsuits

The US trucking industry grapples with an escalating litigation environment. Jury awards and settlements relating to trucking lawsuits have seen unprecedented growth in the past decade. A study by the US Chamber Institute for Legal Reform (ILR) urges a collective approach involving multiple stakeholders to address the increasing litigation threats in the sector. As Nathan Morris, senior VP at ILR, highlighted, the number and cost of claims are consistently increasing, indicating an unsettling trend in trucking litigation.

Statistical Overview: The Monetary Impact

Between 2010 and 2018, verdicts against trucking firms escalated by a staggering 867%. From June 2020 to April 2023, the average lawsuit award amounted to $27.5 million, with settlements averaging $10 million. Notably, around 96% of trucking carriers in the US operate 10 or fewer trucks. Such small businesses stand at significant risk from the financial burdens of litigation.

Nuclear Verdicts and the Domino Effect

Nearly 22.8% of personal injury and wrongful death cases with awards surpassing $10 million between 2010 and 2019 stemmed from auto accidents. Alarmingly, one-fourth of these involved a trucking firm. The number of cases exceeding $1 million surged by 235% between 2012-2019 in comparison to 2005-2011. The states posing the highest litigation risks included Florida, California, Pennsylvania, New Jersey, Texas, and Georgia.

Litigation Tactics Amplifying Verdict Amounts

Several strategies adopted in courts have resulted in higher verdicts for plaintiffs. These include:

  • Medical referral networks and inflated billing.
  • “Reptile” courtroom strategies.
  • Targeting a broader range of defendants.
  • Ambiguities in the standard of care for trucking operations.

The “reptile theory,” a method instilling fear in jurors, and aggressive changes in litigation patterns have significantly impacted the size and number of verdicts.

The Insurance Industry’s Role

The inflation in verdicts and settlements adversely affects the insurance market. It leads to spiked trucking liability insurance rates and a reduced availability of coverage options. Insurers, being at the forefront, possess the capability to modify the trajectory of these cases. By actively seeking information about lawsuit financing and being vigilant about “reptile” strategies, insurance companies can potentially mitigate the surge in litigation costs.

The Ripple Effect: How Trucking Litigation Impacts Commercial Insurance Costs

In an economy that heavily relies on the trucking industry, skyrocketing litigation costs can have a domino effect, most notably on commercial truck insurance premiums. As litigation settlements and jury awards increase, insurance companies find themselves bearing a larger financial burden. This invariably leads to an uptick in premium costs for trucking firms.

Firstly, commercial truck insurance companies, to maintain their profitability, need to balance their risk exposure with the premiums they collect. When the risk is perceived as higher due to increasing litigation costs, premiums inevitably rise. For small trucking businesses, which make up a significant portion of the industry, this added cost can be burdensome, leading some to opt for lower coverage limits or, in more extreme cases, forego insurance altogether.

Moreover, insurance providers may grow more selective in underwriting policies, leading to stricter qualification criteria for trucking firms. This restrictiveness can exclude certain businesses from obtaining insurance, particularly those with any history of incidents.

Additionally, as claims become more expensive to settle, insurers may be more reluctant to settle out of court. This could prolong litigation, incurring more legal fees and causing further financial strain on all parties involved.

Lastly, the decreased profitability in providing trucking insurance due to increased claim costs may drive some insurers out of the market entirely. Reduced competition usually results in higher prices for consumers, further exacerbating the issue.In essence, the surge in litigation costs doesn’t just impact the immediate parties involved in lawsuits. Its ripple effects can be felt industry-wide, with commercial truck insurance costs becoming a significant concern for countless businesses.

Closing Remarks

The alarming rise in trucking litigation costs signifies an urgent need for reforms. Stakeholders must collaborate to ensure a sustainable, fair, and balanced legal landscape, which not only protects carriers but also benefits consumers. The role of insurers, in particular, can be pivotal in steering this change.

Thang Truong

Thang Truong covers small business insurance and small business success at BravoPolicy. He is a licensed P&C insurance agent. Previously, he held product leadership positions at, Capital One, NerdWallet, and Mulberry Technology. He holds a MBA degree from UC Berkeley - Haas School of Business.

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