The repercussions of nuclear verdicts can be disastrous for trucking operations, but it’s not just the defendants who lose.
Recent research suggests a trickle-down effect that extends as far as your grocery list.
In the next decade, the U.S. Chamber of Commerce Institute for Legal Reform expects commercial vehicle litigation to contribute 15% to the inflation of food prices, while every $1 million increase in tort costs is associated with a $2 million reduction in U.S. gross domestic product.
With nuclear verdicts regularly in the nine figures, it’s no surprise that tort reform is routinely among the greatest concerns within the trucking industry.
OOIDA supports changes to civil liability laws to curb lawsuit abuse, saying plaintiff attorneys are using increasingly aggressive tactics to go after truck drivers, even when the drivers have little or no fault in a crash.
A bill introduced in September 2025 aims to protect trucking companies from unfair trials, with additional reforms enacted or proposed at the state level.
Measures such as enhancing third-party litigation funding transparency, eliminating phantom damages, instituting damage caps and permitting admissibility of seat belt usage have proven effective in several states.
Underlining the far-reaching effects of nuclear verdicts could prompt even more legislative action, researchers say.
In late 2025, the American Transportation Research Institute released an updated analysis of trucking litigation.
According to ATRI, exorbitant litigation has become increasingly challenging for the trucking industry, with plaintiff-biased laws exacerbating the problem.
“ATRI’s latest research confirms what independent truckers have been experiencing for years: litigation risk in trucking is rising faster than safety risk,” said Charles Sperry, research analyst for the OOIDA Foundation.
ATRI found that motor vehicle crash cases were the second-most common type of case to result in a nuclear verdict between 2010 and 2019. From 2013 to 2022, nuclear verdicts increased in frequency as well as median size. The median verdict was $36 million, while the number of verdicts exceeding $50 million increased by 6%.
Insurers bear the initial brunt of truck litigation and pass these costs on to motor carriers in the form of higher premiums. ATRI research found that auto liability premiums have grown by nearly 38% per mile in the past decade.
ATRI found that between 2018 and 2020, many fleets reduced coverage levels and raised deductibles. While larger trucking companies have access to more financial and legal tools, smaller carriers are often forced to choose between financially prohibitive premiums and the increased risk that a single crash could bankrupt their company.
“For owner-operators and small carriers, the threat of nuclear verdicts directly affects insurance availability, operating costs, and the ability to stay in business,” Sperry said. “Any discussion of solutions must account for how these legal and economic pressures disproportionately impact small, independent trucking operations.”
New safety technology has only heightened excessive truck litigation by generating additional data for plaintiff attorneys to use in frivolous lawsuits. Plaintiff-biased laws in many states further complicate the issue.
ATRI concluded that the trucking industry, its legal partners and legislative advocates need to address ongoing truck litigation challenges with traditional and emerging strategies.
“ATRI’s report underscores the need for fair and balanced reforms to the legal system and the importance of remaining vigilant in this challenging legal environment,” said Renee Amar, Louisiana Motor Transport Association Executive Director. “Its assessment of the current litigation environment serves as an important wake-up call for policymakers.” LL