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The report’s findings emphasized that in 2022, there were an estimated 12,817 tractor-trailer tort cases in state courts. From that, 487 concluded by trial. (Bim — Getty Images)

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The commercial transportation sector is facing a growing number of legal verdicts at a time when economic concerns are dominating the marketplace, the American Transportation Research Institute recently determined.

New research from ATRI published Dec. 3 examined the impact of tort litigation industrywide as well as myriad factors that were found to contribute to the outcomes of high-profile court cases. The report, titled “,” also highlighted analysis about third-party litigation financing, as well as carrier policies and procedures linked to the likelihood of dealing with lawsuits.

Specific to rules and guidance associated with the Federal Motor Carrier Safety Regulations, the report determined motor carriers tend to consistently arrive at an ongoing dilemma — demonstrating beyond-compliance is capable of creating evidence sometimes used to harm the carrier in litigation.

“For example, adopting new safety technologies in pursuit of enhanced safety could capture additional data that is used against a carrier in litigation,” the report explained. “Coaching drivers on making improvements could similarly create additional documentation that can be used by plaintiffs as evidence, even if it improves safety outcomes overall. This data would not exist if the company did not care as much about safety.”

Additionally, citing the U.S. Chamber of Commerce Institute for Legal Reform, certain motor vehicle accidents examined from the previous decade at times resulted in what’s known as a nuclear verdict. Consumers have been affected by such verdicts.

“Over the next decade, the [Institute for Legal Reform] found that commercial vehicle litigation is expected to contribute 15% to the inflation of food prices, and every $1 million increase in commercial vehicle tort costs is associated with a $2 million reduction in U.S. gross domestic product,” ATRI said.

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The report’s findings emphasized that in 2022, there were an estimated 12,817 tractor-trailer tort cases in state courts. From that, 487 concluded by trial.

The report also noted that in 2022 the trucking industry lost as much as $102,837,500 in excess plaintiff awards as a result of federally eligible cases that remained in state courts. And the number of tractor-trailer tort cases rose by an estimated average rate of 3.7% annually from 2014 through 2023, while “tractor-trailer crashes rose by an average rate of 3.6% during the same period,” per the report.

Relying on a variety of federal and industry litigation data, the research evaluated six years of truck tort cases. Notably, the largest half of awards, deemed most damaging to the industry, increased at an average rate of 5.7% annually. The report identified factors that statistically led to higher awards, including types of negligence such as certain hiring practices.

Overall, unreasonably high litigation has become increasingly challenging for the trucking industry. This time-consuming legal concern is “diverting carrier resources and attention that would otherwise improve operations and safety,” the report determined.

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“Both frivolous and excess litigation pose grave challenges to the trucking industry today. They drain significant time and resources that could otherwise be spent on improving industry operations and safety,” said Nathan Meisgeier, Werner Enterprises president and chief legal officer, in a statement that accompanied the report’s release. “ATRI’s data-driven insights on case outcomes are a valuable resource for decision-makers.”

Werner ranks No. 18��on the��Transport Topics Top 100 list of the largest for-hire carriers��in North America and No. 8 on the truckload sector list. It��ranks No. 32��on the��TT Top 100 list of the largest logistics companies.

The findings drew reaction from industry stakeholders who emphasized the need for legal reform.

“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.”

The ATRI Top Industry Issues list ranked lawsuit abuse second in 2025.

American Trucking Associations is a leader in advocating for a portfolio of reforms designed to alleviate the industry from lawsuit abuse. As part of the group’s “lawsuit abuse resource hub,” it explained, “Through targeted reforms, ATA is committed to restoring fairness and balance to the system to ensure justice drives accident litigation outcomes, not profits.”

Issues on ATA’s radar include stacked environments, admissibility of phantom damages, unfettered noneconomic damages, direct negligence claims and third-party litigation finance.

The group explained that third-party litigation financing has become particularly problematic.

“Most people agree that civil litigation is not a stock market — but that is what it’s becoming with the involvement of third-party litigation financing,” ATA said. “Also known as ‘lawsuit lending,’ this occurs when a disinterested third party — often investment firms with billion-dollar portfolios — fronts the cost of litigation with an agreement that the plaintiff will repay the lender with interest on a verdict or settlement.”

According to ATA, such arrangements drive plaintiffs to seek excessive awards to cover their financing costs, which undermines efforts to negotiate fair settlements. The group noted that most states allow these funding deals without disclosure requirements, leaving judges, juries and defendants unaware of the financial interests at play.