The American Transportation Research Institute (ATRI) released new research confirming the impact of tort litigation on motor carriers. Drawing on six years of federal and industry data, the study details where and how cases are filed, what drives award severity, and how evolving legal strategies are reshaping risk for fleets.
“Both frivolous and excess litigation pose grave challenges to the trucking industry today,” said Nathan J. Meisgeier, Werner Enterprises President and Chief Legal Officer. “They drain significant time and resources that could otherwise be spent on improving industry operations and safety.”
Key findings underscore challenges for fleets
The research points an increase in the scale and severity of court awards and larger payouts associated with moderate to severe injuries:
- Volume of cases remains high: In 2022 alone, the report estimates that there were 12,817 state truck-tractor tort cases, as many as 147 of which were improperly prevented from reaching federal court – where cases are often more protected from potential bias.
- Severity of awards is growing: The largest half of awards—the most damaging to the industry—grew at an average of 5.7 percent per year.
- Injuries drive higher awards: Allegations tied to hiring and onboarding practices, along with injuries such as moderate and severe traumatic brain injury, were associated with larger payouts.
- Settlements vs. verdicts: In cases with awards of $5 million or more, settlements were lower than verdicts; under $1 million, settlements tended to exceed verdicts.
- Damages point to exaggerated claims: In 17.8 percent of cases, nonmedical awards were more than ten times medical awards, suggesting exaggerated nonmedical claims.
- Evolving legal tactics: Growth in third-party litigation financing, debate over whether FMCSRs represent full compliance or minimum standards, and a new plaintiff focus on product liability.
ATRI’s findings underscore a clear reality for fleets: litigation risk is rising, and outcomes often hinge on operational rigor—particularly around hiring, training, documentation, and the ability to present data. Demonstrating safety practices that exceed regulatory minimums, maintaining meticulous records, and preparing for product liability theories are now essential.
As the legal landscape evolves, carriers that pair strong safety programs with reliable, verifiable data—such as telematics—are better positioned to reduce exposure and defend effectively. These tools create consistent records that clarify events, support timely responses, and help counter disputed claims. With straightforward data practices and preservation, fleets can streamline claims handling, demonstrate reasonable care, and often avoid protracted litigation.
The full report is available on ATRI's website here.
The American Transportation Research Institute (ATRI) released new research confirming the impact of tort litigation on motor carriers. Drawing on six years of federal and industry data, the study details where and how cases are filed, what drives award severity, and how evolving legal strategies are reshaping risk for fleets.
“Both frivolous and excess litigation pose grave challenges to the trucking industry today,” said Nathan J. Meisgeier, Werner Enterprises President and Chief Legal Officer. “They drain significant time and resources that could otherwise be spent on improving industry operations and safety.”
Key findings underscore challenges for fleets
The research points an increase in the scale and severity of court awards and larger payouts associated with moderate to severe injuries:
- Volume of cases remains high: In 2022 alone, the report estimates that there were 12,817 state truck-tractor tort cases, as many as 147 of which were improperly prevented from reaching federal court – where cases are often more protected from potential bias.
- Severity of awards is growing: The largest half of awards—the most damaging to the industry—grew at an average of 5.7 percent per year.
- Injuries drive higher awards: Allegations tied to hiring and onboarding practices, along with injuries such as moderate and severe traumatic brain injury, were associated with larger payouts.
- Settlements vs. verdicts: In cases with awards of $5 million or more, settlements were lower than verdicts; under $1 million, settlements tended to exceed verdicts.
- Damages point to exaggerated claims: In 17.8 percent of cases, nonmedical awards were more than ten times medical awards, suggesting exaggerated nonmedical claims.
- Evolving legal tactics: Growth in third-party litigation financing, debate over whether FMCSRs represent full compliance or minimum standards, and a new plaintiff focus on product liability.
ATRI’s findings underscore a clear reality for fleets: litigation risk is rising, and outcomes often hinge on operational rigor—particularly around hiring, training, documentation, and the ability to present data. Demonstrating safety practices that exceed regulatory minimums, maintaining meticulous records, and preparing for product liability theories are now essential.
As the legal landscape evolves, carriers that pair strong safety programs with reliable, verifiable data—such as telematics—are better positioned to reduce exposure and defend effectively. These tools create consistent records that clarify events, support timely responses, and help counter disputed claims. With straightforward data practices and preservation, fleets can streamline claims handling, demonstrate reasonable care, and often avoid protracted litigation.
The full report is available on ATRI's website here.
