How to Mitigate Nuclear Verdicts in the Trucking Industry

Nuclear verdicts are a looming threat to the trucking industry. Fleets can take steps to prevent them, but they need to recognize risky driver behaviors that frequently result in accidents, fatalities, and subsequent litigation. Juries tend to have a bias against trucking companies in court cases, as it’s much easier to sympathize with an injured person than a faceless fleet. Even if the driver takes the stand, the injured party reaps the most compassion. They are hurt; the driver is not. They have medical bills; the trucking company has insurance.

It becomes much more problematic when juries deliver nuclear verdicts exceeding $10 million. For example, a jury recently handed down a $1 billion verdict against a trucking company after one of their drivers overturned his truck and caused a traffic backup. However, it was another commercial driver that caused a fatality. He slammed into a teenager stuck in the traffic jam, and authorities later determined the driver caused the crash because he was distracted by his phone. Even so, the jury issued the verdict against the trucking company of the driver that caused the initial backup.

The onus of proving innocence rests heavily on the truck driver. If the jury rules against the truck company, the threat of a nuclear verdict is all too real. Jury verdict awards increased by more than 50% every year from 2010 to 2018. Over the last 15 years, nuclear verdict awards have skyrocketed by 967%. These verdicts are one of the primary factors driving up insurance costs for the trucking industry, which makes it difficult for small fleets to afford.

Preventing catastrophic collisions is essential to avoiding litigation and the threat of a nuclear verdict. Many trucking companies on the receiving end of such verdicts share common safety issues. Some don’t perform thorough background checks, while others fail to confirm if a new driver has a CDL. Others don’t investigate to see if the driver has a history of safety violations. Almost all nuclear verdicts follow a revelation of such flagrant disregard for safety.

Clear safety policies aren’t enough to prevent risky driving. Trucking companies must enforce the policy and provide regular training to reinforce the knowledge. Dash cameras are also a great tool to prevent nuclear verdicts. The footage can prove the commercial driver wasn’t at fault or that the accident didn’t occur as the plaintiff alleged. Drivers should also avoid apologizing, offering their opinion, or speaking more than is strictly necessary following an accident. Lawyers can and will use anything they say against them at a trial.

Accidents and collisions can still occur even if fleets have done everything possible to prevent them. Contact Interstate Motor Carriers to learn how to reduce your risk exposures and protect your fleet.