We recently had the opportunity to attend a conference with the Trucking Industry Defense Association. This group is made up of trial attorneys, expert witnesses, and other stakeholders in the trucking and insurance industry. During this time, there were a number of outstanding presentations, including a session with one of the top trucking plaintiff attorneys in the country. There were many great lessons learned, but the topic of nuclear (or outperform) verdicts was rightfully at the forefront.
Why nuclear verdicts happen
While some say a nuclear verdict is anything over $10 million, the true meaning of a nuclear verdict is any verdict that goes way beyond the norm for what that type of case should typically bring. The term used by the plaintiff’s attorney was “an outperform verdict.” Most juries don’t really know what kind of monetary loss would be normal for a typical case, so the plaintiff’s attorneys will do anything they can to convince the jurors that the huge sum they are asking for is reasonable. Surprisingly, the trucking company’s management and safety culture plays a huge role in how that is accomplished.
Nuclear verdicts happen for a couple of reasons:
- Establishing liability - Once liability has been established, the verdict goes up exponentially by showing how the trucking company had systemic problems in their practices.
- Moving the timeframe - Even when the trucking company is not considered initially “at fault” for the incident, plaintiff’s attorneys have been successful in winning big verdicts by moving the timeframe. The question they ask themselves is: If the driver was not at fault at the scene, how far back do you need to go to prove there was a problem before the incident?
How a case for a nuclear verdict is established
Plaintiff’s attorneys are very good at finding and using any of these issues in order to appeal to the jury’s desire to make things right for the plaintiff:
- Poor communication between safety managers and CEOs
- Ignoring safety breaches
- Failure to train
- Mistreatment of employees
- Repeated violations
- History of issues/violations with no action
- Failing to take available safety precautions when they exist
- Corporate or systemic issues
These shortfalls also make it easy for the plaintiff to paint you as dangerous to the community, which is where the Reptile Theory and nuclear verdicts come into play. It is important that you look at your own safety and company culture to ensure that none of these issues can be raised in court. It is also important to ensure that your company representatives are well versed in all aspects of the company and safety policies before they are called to testify on the company’s behalf.
We are dedicated to helping our insured fleets become as safe and defensible as possible, and would love to partner with you and your safety team. If you would like additional assistance with policy reviews, training recommendations, or an overall Safety Culture Assessment, please reach out to our safety team.
We recently had the opportunity to attend a conference with the Trucking Industry Defense Association. This group is made up of trial attorneys, expert witnesses, and other stakeholders in the trucking and insurance industry. During this time, there were a number of outstanding presentations, including a session with one of the top trucking plaintiff attorneys in the country. There were many great lessons learned, but the topic of nuclear (or outperform) verdicts was rightfully at the forefront.
Why nuclear verdicts happen
While some say a nuclear verdict is anything over $10 million, the true meaning of a nuclear verdict is any verdict that goes way beyond the norm for what that type of case should typically bring. The term used by the plaintiff’s attorney was “an outperform verdict.” Most juries don’t really know what kind of monetary loss would be normal for a typical case, so the plaintiff’s attorneys will do anything they can to convince the jurors that the huge sum they are asking for is reasonable. Surprisingly, the trucking company’s management and safety culture plays a huge role in how that is accomplished.
Nuclear verdicts happen for a couple of reasons:
- Establishing liability - Once liability has been established, the verdict goes up exponentially by showing how the trucking company had systemic problems in their practices.
- Moving the timeframe - Even when the trucking company is not considered initially “at fault” for the incident, plaintiff’s attorneys have been successful in winning big verdicts by moving the timeframe. The question they ask themselves is: If the driver was not at fault at the scene, how far back do you need to go to prove there was a problem before the incident?
How a case for a nuclear verdict is established
Plaintiff’s attorneys are very good at finding and using any of these issues in order to appeal to the jury’s desire to make things right for the plaintiff:
- Poor communication between safety managers and CEOs
- Ignoring safety breaches
- Failure to train
- Mistreatment of employees
- Repeated violations
- History of issues/violations with no action
- Failing to take available safety precautions when they exist
- Corporate or systemic issues
These shortfalls also make it easy for the plaintiff to paint you as dangerous to the community, which is where the Reptile Theory and nuclear verdicts come into play. It is important that you look at your own safety and company culture to ensure that none of these issues can be raised in court. It is also important to ensure that your company representatives are well versed in all aspects of the company and safety policies before they are called to testify on the company’s behalf.
We are dedicated to helping our insured fleets become as safe and defensible as possible, and would love to partner with you and your safety team. If you would like additional assistance with policy reviews, training recommendations, or an overall Safety Culture Assessment, please reach out to our safety team.
