nuclear verdicts

Trucking groups and others take renewed stab at tort reform in Texas

Texas’ trucking sector heralded the enactment of a law in 2021 as a big victory in its fight against nuclear verdicts, typified by a huge award against Werner Enterprises (NASDAQ: WERN) in the Lone Star State.

But just a few years later, the impact of the law, HB 19, is generally seen as a bust for the trucking industry’s attempts to fend off large judgments, whether or not they cross the $10 million nuclear verdict dividing line.

That disappointment has spurred a new effort to change the law...

https://www.freightwaves.com/news/trucking-groups-and-others-take-renewed-stab-at-tort-reform-in-texas

New Georgia law restricts truck-crash lawsuits against insurers

A new Georgia law means insurers are now mostly protected from lawsuits being filed directly against them after crashes involving trucks. Supporters see the measure as a response to financially crippling nuclear verdicts.

Gov. Brian Kemp recently signed the bill, which passed 172-0 in the state House of Representatives and 46-2 in the Senate. Insurers can now be sued directly only if a plaintiff can’t find the driver or the carrier that was involved in the accident, or if the carrier has gone...

https://www.freightwaves.com/news/new-georgia-law-restricts-truck-crash-lawsuits-against-insurers

Wisconsin governor vetoes damages capin CMV accident lawsuits

Wisconsin Gov. Tony Evers has vetoed a bill that would have put a $1 million cap on awards for non-economic damages, such as pain and suffering, in lawsuits stemming from commercial motor vehicle accidents.

The trucking industry has pushed to limit damages in such accidents, citing nuclear verdicts in the tens of millions of dollars that spike insurance rates or make it difficult to get motor carrier coverage at all.

In a statement, Evers called the $1 million cap arbitrary and said “the law...

https://www.freightwaves.com/news/wisconsin-governor-vetoes-damages-capin-cmv-accident-lawsuits

Missouri court upholds nuclear verdict, blasts carrier’s safety practices

A Missouri appellate court has upheld a $20 million verdict against Great Plains Trucking in a decision in which the judges took the company to task for its safety practices.

But the ruling drew a partial dissent from one judge over the exclusion of evidence about the marijuana habits of the motorist whose son was killed in 2019 when an 18-wheeler from Great Plains Trucking, based in Salina, Kansas, struck the car on Interstate 70.

Robert Schultz was the 19-year-old son of Carrie Schultz, who was...

https://www.freightwaves.com/news/missouri-court-upholds-nuclear-verdict-blasts-carriers-safety-practices

Seatbelt use can now be used as evidencein accident lawsuits in Indiana

Gov. Eric Holcomb of Indiana on Monday signed into law a bill that allows a plaintiff’s failure to use a seatbelt to be introduced as evidence in vehicle accident lawsuits. The bill permits juries to reduce damage awards based on that information.

House Bill 1090 has drawn praise from Chris Spear, president and CEO of the American Trucking Associations. After legislators passed the bill in February, Spear said the existing law forbidding seatbelt use as evidence leaves jurors with incomplete...

https://www.freightwaves.com/news/seatbelt-use-can-now-be-used-as-evidencein-accident-lawsuits-in-indiana

Deadline nears for filings as Werner seeks review of nuclear verdict

Deadlines are looming for all briefs to be filed with the Texas Supreme Court as it decides whether to review the enormous verdict against Werner Enterprises growing out of a 2014 fatal wreck. With interest, the sum now stands above $100 million.

A primary brief was filed in October by attorneys for the Blake family, which suffered one death, one catastrophic brain injury and other injuries in the Dec. 30, 2014, West Texas crash.

On Feb. 15, attorneys for Werner (NASDAQ: WERN) filed a brief for...

https://www.freightwaves.com/news/deadline-nears-for-filings-as-werner-seeks-review-of-nuclear-verdict

Carriers can reduce legal, financial risk with more frequent MVR monitoring

Many carriers pull their drivers’ motor vehicle records (MVRs) to check for violations and privilege suspensions just once a year. This means that, in some cases, a driver could lose driving privileges for up to 364 days before a carrier ever finds out.

This “same time next year” approach to MVRs doesn’t work in the carrier’s favor. While FMCSA has issued minimal requirements surrounding MVR checks, carriers doing only the bare minimum are creating and perpetuating visibility gaps that leave...

https://www.freightwaves.com/news/carriers-can-reduce-legal-financial-risk-with-more-frequent-mvr-monitoring

Nuclear verdict alert: More than $16M awarded in Georgia court

If the definition of a nuclear verdict in trucking is more than $10 million, there is a new entry on the list of court actions topping that amount.

A jury in DeKalb County State Court in Georgia awarded Avnish Dalal $16.6 million on Dec. 14 in a case filed against Brown Trucking. 

Romi Jayswal of the firm of Deochand & Jayswal told FreightWaves the move to a jury trial came after a “disputed liability, where the offer from the trucking company was about $2 million.” Jayswal said the $2 million...

https://www.freightwaves.com/news/nuclear-verdict-alert-more-than-16m-awarded-in-georgia-court

Werner’s appeal of $100M Texas verdict focuses on legal arguments

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Werner Enterprises has appealed a more than $100 million verdict issued against it to the Texas...

https://www.freightwaves.com/news/werners-appeal-of-100m-texas-verdict-focuses-on-legal-arguments

Safeguarding trucking’s reputation and compliance — Taking The Hire Road

Jeremy Reymer, CEO and founder of DriverReach, was joined Thursday by a champion for the industry, Doug Marcello, chief legal officer of Bluewire and shareholder with Saxton & Stump law firm.

Truck drivers take risks each day delivering food to grocery stores, medical supplies to pharmacies, fuel to gas stations and just about everything else that’s required to keep society running smoothly.

But, when accidents occur involving semi-trucks, too often those same truck drivers are almost...

https://www.freightwaves.com/news/safeguarding-truckings-reputation-and-compliance-taking-the-hire-road

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