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The trucking industry continues to grapple with larger verdicts, shifting liability, and rising scrutiny. How are emerging risks like driver shortages, distracted driving, and equipment failures reshaping claims? Explore recent scenarios, industry trends, and how CRC’s specialists help clients stay ahead of the curve in a complex market.

The commercial trucking industry plays a vital role in the U.S. economy, but the risk environment for motor carriers has never been more complex. Regulatory scrutiny, litigation trends, and evolving exposures have reshaped trucking claims in recent years. As verdict sizes grow and liabilities shift, insureds need specialist guidance to navigate this insurance marketplace effectively.

THE RISE IN SEVERITY + NUCLEAR VERDICTS

Jury awards and settlement amounts in trucking claims are reaching unprecedented levels. According to the American Transportation Research Institute (ATRI), the average size of verdicts over $1 million in trucking litigation increased by nearly 1,000% from 2010 to 2018.¹ That trend has continued with several recent examples reinforcing the growing exposure:

• $141.5M Verdict: A Florida jury awarded $141.5M in a trucking negligence case against a nowdefunct Florida-based company, following a multi-vehicle accident involving a logging truck that resulted in multiple injuries, including permanent brain damage to a child.²
• $101M Award: A tractor-trailer struck a Ford F-150 from behind. The plaintiff suffered neck and back injuries and was unable to continue working. A jury awarded $101M in damages.⁴

Beyond large awards, the threat of protracted litigation and reputational damage is prompting insureds to settle more frequently, and often earlier in the process.

EMERGING RISKS IMPACTING CLAIMS

While nuclear verdicts grab headlines, the underlying causes of high-severity claims are evolving.

DISTRACTED + FATIGUED DRIVING

Drivers face the dual risks of distractions and fatigue. Technology is increasingly being integrated into cabs. While things like in-cab tablets, GPS, and touchscreen dashboards may aid in some aspects, they also provide ample opportunities for distraction. Cell phone use is typically banned for most truck drivers, but there have been many instances of cell phone use in the cab. These distractions have created a riskier atmosphere for some drivers.

WORKFORCE SHORTAGE

The ongoing driver shortage has also impacted road safety for drivers and other motorists. To manage the shortage, some companies have drivers work longer hours. This has contributed to driver fatigue, which may lead to reckless driving and accidents. As the shortage continues, more companies are expected to require drivers to work longer days under more fatigued circumstances.

SUBCONTRACTOR + BROKER LIABILITY

Trucking lawsuits have become larger and more complicated because multiple parties are often involved in freight shipment. Motor carriers frequently contract shipments to third parties or brokers, who hire drivers.

When an accident or issue occurs, plaintiff attorneys often target every party involved, seeking to include the party with the deepest pockets, as that raises the amount of any potential settlement. The driver, third-party broker, and motor carrier could all be involved in the lawsuit. The demand for damages will likely increase if one of those parties is a large, well funded business.

Additionally, contracts between carriers and third parties often do not clearly designate liability between the parties. Without that clear distinction, plaintiffs can include everyone, regardless of the individual party’s responsibility. Carriers and third parties can limit their liability by clearly stating who is liable in the event of an accident.

EQUIPMENT + MAINTENANCE FAILURES

Equipment and maintenance failures also contribute to many trucking industry lawsuits. This could be related to the shortage of drivers and maintenance personnel. With staffing stretched thin, drivers and maintenance workers may miss critical tasks and equipment upkeep issues.

Plaintiff attorneys are also scrutinizing maintenance logs for additional proof of liability. Attorneys may pinpoint inspection dates, who signed off on inspections, brake and tire checks, and gaps in record-keeping. A failure to log an inspection could be interpreted as failing to do the inspection altogether, which may increase risk and liability for the carrier, driver, and other parties.

CARGO-RELATED LIABILITY

While cargo-related liability is not dominant in truck accidents, cargo issues do happen. Improperly secured cargo could fall onto the road, striking other vehicles or causing chain reactions. An overloaded truck could lead to brake or suspension failures, leading to accidents. There’s also the risk of rollover or a jackknife if a truck is overloaded. In a sharp turn, the cargo could shift, destabilizing the truck’s center of gravity.

If a plaintiff attorney believes the truck was overloaded or improperly secured, they could open the suit beyond the carrier, broker, and driver. Other possible defendants could include any third-party labor companies that loaded the truck, tie-down manufacturers, and even the company that initially shipped the products.

THE GROWING ROLE OF THIRD-PARTY LITIGATION FUNDING

Another factor driving the rise in high-severity claims is the surge of third-party litigation funding (TPLF). This practice allows outside investors, ranging from hedge funds to global financiers, to cover the costs of pursuing lawsuits in exchange for a share of any resulting settlement or verdict. By treating civil justice as a speculative investment, these backers can profit significantly from nuclear verdicts, fueling an increase in filings that might not have otherwise gone to court.

Far from a fringe phenomenon, third-party litigation funding has grown into a massive global industry, with the United States serving as its largest market. This influx of capital continues to influence the frequency, scale, and complexity of trucking litigation.⁵

RECENT TRUCKING CLAIM SCENARIOS

Below are just a few recent examples illustrating the wide range of claim drivers:

In October 2021, a California jury awarded $7.619 million to the family of a man who died from injuries sustained in a collision between his pickup truck and a tractor-trailer that had stopped in the middle of a Washington state roadway while attempting to make an unsafe left turn. ⁷

During a case settled in 2023, a San Antonio attorney discovered that a driver worked 10+ hour shifts for two months straight. During a stretch from Laredo, TX, to Little Rock, AR, he encountered icy roads and collided with another motor vehicle. The trucking company paid out six figures.⁶

An Alabama jury awarded a $160M verdict against a trucking company in a defective truck case. The verdict was a result of a rollover crash where the truck driver sustained severe injuries due to the truck’s roof and seat design. The jury found the truck’s design “defective and unreasonably dangerous.”³

In early 2025, a jury in California awarded a $21M verdict against a food distribution company. One of the company’s trucks rearended a car making a left-hand turn. The car’s driver suffered back, neck, and brain injuries. The defendant turned down a $7 million settlement offer in 2023 and opted to go to trial.⁸

In 2024, a Georgia jury awarded a $47M verdict against a trucking company and one of its drivers. The driver swerved into the median and struck and killed another truck driver who had exited his vehicle. The liable driver had only had his CDL for four months and had been employed for two months before the accident.⁹

Finally, in perhaps the most famous truck accident claim, a large box store reached a $90 million settlement with a well-known comedian over an accident caused by one of their truck drivers. The plaintiff’s attorneys argued that the company had overworked the driver, who was fatigued at the time of the accident. The plaintiff was in a coma for two weeks and later had to relearn to walk.¹²

While the overall number of trucking accidents has not climbed to the highs of 2021 to date, claim demand amounts and verdicts (as illustrated by claim scenarios above) continue to increase.

UNDERWRITING + COVERAGE CONSIDERATIONS

Retail agents should work closely with wholesale brokers who understand the nuances of trucking coverage, including:

• Contingent auto liability for brokered freight
• Non-trucking liability for owner-operators
• Excess and umbrella placement amid rising verdicts
• Cargo coverage with exclusions for shifting or improper securement
• Pollution liability, particularly for tankers or hazmat haulers

As risks grow more complex, carriers are also pushing for stricter loss controls, including mandatory dash cams, telematics, and electronic logging devices (ELDs).

BOTTOM LINE

Trucking claims are growing more severe and multifaceted. From distracted driving to cargo disputes and third-party hiring practices, retail agents need partners who can anticipate exposures and navigate them with clarity.

CRC’s transportation brokers understand the fast-evolving trucking space and bring the market relationships, data, and experience to deliver smarter coverage, even for high-hazard or distressed risks. When protecting your clients from multimillion dollar exposures, CRC goes further. Reach out to your CRC Specialty producer today.

END NOTES

1. Understanding the Impact of Nuclear Verdicts on the Trucking Industry, American Transportation Research Institute (ATRI), 2020. https://truckingresearch.org/2020/06/understanding-the-impact-of-nuclear-verdicts-on-the-trucking-industry/
2. Latest Nuclear Verdict in Trucking: $141.5M Against Defunct Florida Carrier. Yahoo Finance, November 13, 2024. https://finance.yahoo.com/news/latest-nuclear-verdict-trucking-141-195139568.html
3. Daimler Hit with $160M Nuclear Verdict, Think Freight, September 16, 2024. https://www.thinkfreight.io/daimler-hit-with-160m-nuclearverdict/#:~:text=Daimler%20Hit%20with%20$160M,Star%20truck%20operated%20by%20Street.
4. Truck Accident Lawsuit Returns a $101 Million Verdict, Isaacs & Isaacs Personal Injury Lawyers October 29, 2024. https://wewin.com/semi-crash-verdict-101-million/
5. A Trial Lawyer and a Conman Walk into a Burger King, American Trucking Association (ATA), July 10, 2020. https://www.trucking.org/news-insights/how-nuclear-verdicts-are-strangling-americas-trucking-industry
6. Lawsuit over semitruck crash reveals issue of truck driver working 2 months without day off, KSAT, July 19, 2023. https://www.ksat.com/news/ksat-investigates/2023/07/19/lawsuit-over-semitruck-crash-reveals-issue-of-truck-driver-working-2-months-without-day-off/
7. $7.619 Million Verdict Handed Down By Los Angeles Jury In Wrongful Death, Tractor Trailer Accident Lawsuit, Yahoo, October 12, 2021. https://www.yahoo.com/now/7-619-million-verdict-handed-004000934.html
8. Chalk up another nuclear verdict: More than $21M in Los Angeles case, Freight Waves, February 24, 2025. https://www.freightwaves.com/news/chalk-up-another-nuclear-verdict-more-than-21m-in-los-angeles-case
9. Jury slams Schneider National with $47M ‘nuclear verdict’ in fatal crash, Freight Waves, June 14, 2024. https://www.freightwaves.com/news/jury-slams-schneider-national-with-47m-nuclear-verdict-in-fatal-crash
10. Truck Driver Shortage Spurs Demand for Central Tech Training, Sapulpa Times, July 24, 2025. https://sapulpatimes.com/truck-drivershortage-spurs-demand-for-central-tech-training/
11. Reigning in Third-Party Litigation Funding Gains Traction Nationwide, Insurance Information Institute, April 11, 2025. https://insuranceindustryblog.iii.org/reining-in-third-party-litigation-funding-gains-traction-nationwide/
12. Tracy Morgan’s Walmart Truck Accident $90 Million Settlement, Lawyer Monthly, February 24, 2025. https://www.lawyer-monthly.com/2025/02/tracy-morgans-walmart-truck-accident-90-million-settlement/
13. Summary of How Many Truck Accidents Happen a Year, Consumer Shield, July 8, 2025. https://www.consumershield.com/articles/semi-truck-accidents-per-year