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There has been an alarming increase of lawsuits in the trucking industry leaving trucking companies on edge. This rise has given way to large verdicts, which have coined the term “nuclear verdicts.” While trucking lawsuits have steadily increased over the past 20 years, they have skyrocketed in the last five years. Nuclear verdicts are jury awards that surpass $1 million. According to Transport Topics, from April 2020 to June 2023, the median average plaintiffs award was $27.5 million and the median average award for settlements was $759,875. Yet, while verdicts increased, fatal truck accidents decreased 34% from 2000 to 2020. What has propelled these nuclear verdicts?
The surge in nuclear verdicts (and inflated settlements) is due to lawyers using the reptile theory in the courtroom. This strategy is rooted in the reptilian region of the mind, which is biologically sensitive to danger. It is broken into two parts. The first part is where the plaintiff’s attorney gives jurors the notion that they are defenders of their community, and the second part is when the attorney has the jurors believing they have the power to protect their community by taking action against the bad actors. The action is a nuclear verdict.
During a lawsuit, no one is safe. Lawyers will not only dissect the truck driver, but also the trucking company. The plaintiff’s lawyer will look at common issues that almost guarantee a nuclear verdict:
· Drug or alcohol Use
· Hour-of-Service Requirements
· Bad Driving History (Driver and Carrier)
· Health Issues
· Fatigue
· Cellphone Use
· Crashes in Construction Zones
There some actions trucking companies can take to help avoid a nuclear verdict such as upholding safety practices to ensure compliance with a robust record-keeping system, increasing hiring standards for drivers, adopting the latest technology, implementing a post-crash plan, and performing a monthly driver’s license check. Also, lawyers humanizing truck drivers give jurors the notion that although the accident was a bad thing the truck driver is not bad a person.
No one can guarantee an accident won’t happen, yet we can do our best to help avoid them. Nuclear verdicts are a stark reminder that trucking companies must be vigilant in keeping their drivers and the public safe on the road. At DVC, we strive to promote safety on the road with our safety practices, highly trained drivers and well-maintained fleet. Contact us today to learn more!