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Tackling Lawsuit Abuse and Nuclear Verdicts: Insights from Industry Experts

posted by TrueNorth Transportation on Thursday, May 1, 2025

Lawsuit abuse and the rise of nuclear verdicts are skyrocketing insurance premiums and forcing some small and mid-sized carriers out of business. Unfortunately, the threat of nuclear verdicts has changed how companies gauge risk and when and how they deploy needed safety solutions.  

Pam Bracher, Deputy General Counsel for the American Trucking Associations, and Peter Berg, Principal and Practice Leader at TrueNorth joined a recent episode of the TN Truck Thought podcast to discuss this issue

The Rise of Nuclear Verdicts

Bracher explains that this shift began around 2008, originally in the medical malpractice space, when plaintiffs' attorneys started leveraging human psychology to tell compelling stories in court. This shift was marked by the publication of "The Reptile: The 2009 Manual of the Plaintiff Revolution" by Don Keenan and David Ball, which adapted theater and film psychology techniques to trial strategy. This strategy is commonly referred to as the Reptile Theory. 

The Impact of Media and Public Perception

The media has also played a role in shaping public perception and contributing to the challenges relating to nuclear verdicts. Bracher recalls, “the glory days” of the 70s when truck drivers were depicted positively in films like "Smokey and the Bandit." However, the depiction shifted in the 80s with films like "Thelma and Louise," and high-profile convictions of serial killers who were truck drivers further tarnished the image.  

High-profile cases and large verdicts against trucking companies often make headlines, furthering the negative public image of the industry. She highlights the need for the trucking industry to improve this portrayal, so juries are not swayed by the emotional pleas of plaintiffs’ attorneys in their decisions.

Tort Reform Efforts

States like Texas, Florida, Iowa, and Arkansas have implemented tort reform measures to restore fairness lawsuits and in the courtroom. Organizations like the American Trucking Associations (ATA) are working in collaboration with State Trucking Associations to push for broader reforms to curb these excessive awards to implement various strategies  including capping non-economic damages, adopting the McHaffie Rule, and more.  

Bracher notes, however, that the process of lobbying and achieving reform takes time and requires a coalition of like-minded groups to be successful. 

Practical Takeaways for Trucking Companies

Key strategies trucking companies can implement to protect themselves from nuclear verdicts include:  

1. Invest in Safety Technology: Adopt forward-facing dash cams and other safety technologies to categorize accidents and frame defense strategies effectively. 
2. Deposition Training: Implement programs like "Deposition University" to train company witnesses and prepare them for depositions. 
3. Fix Systemic Failures: Address any systemic issues and compliance gaps within the company to prevent recurring problems and strengthen defense cases. 
4. Collaborate with State Trucking Associations: Get involved with state trucking associations to share stories, advocate for tort reform, and support industry-wide efforts. 

Final Thoughts

The trucking industry faces significant challenges due to lawsuit abuse and nuclear verdicts. However, with proactive strategies, collaboration, and continued advocacy for tort reform, the industry can fight back and protect its future.