Tag Archive for: litigation mitigation

Nuclear Verdicts: Three Steps for How Your Firm Can Avoid Them

A truck driver's dash while driving including a gps unit | nuclear verdicts

Nuclear verdicts quadrupled last year, leaving hundreds of carriers out of business and thousands of drivers out of jobs.

And while there is a great appetite out there for the “deep pockets” of the trucking industry, with a few tweaks to your training and documentation system, you can insulate yourself from them.

How can I protect my company from nuclear verdicts?

Nuclear verdicts can put a trucking carrier out of business, and any gap in training or documentation is an opportunity for a plaintiff’s attorney to make the case against your company. Protect your company by establishing a culture of safety and documentation.

A Look Inside an Attorneys’ Nuclear Verdict Playbook

Plaintiffs’ attorneys have a sophisticated bag of tricks, in which they comb through data to discover vulnerabilities in carriers’ processes and procedures. They use these data analytics to make decisions on whether to go to court or settle or when to drop a case altogether.

Attorneys look at a variety of data, including CSA scores, logs, and reporting inefficiencies, then drill down on those issues to prove their cases and win millions of dollars for their plaintiff. Attorneys have data analysts ready to get the next nuclear verdict, so trucking companies need to be armed and ready, protecting their vulnerabilities and ensuring that all processes and procedures are above par.

The “Dirty Five”

Attorneys have a well-known attack strategy for nuclear verdicts, using the “Dirty Five” against drivers. These are five categories that are known winners for nuclear verdicts:

  • • Driver Fatigue
  • • Distracted Driving
  • • Driving Under the Influence
  • • Poor equipment maintenance
  • • Inexperienced or poorly-trained driver

Your Nuclear Verdict Playbook

If attorneys have a playbook for getting nuclear verdicts, you should have one for avoiding them. Gone are the days when a robust safety program was a “nice to have.” Welcome to the days of “establish your program, or you’re out of business.” 

Infinit-I Workforce Solutions has published a new whitepaper, which details our strategy on a data-driven approach to avoiding nuclear verdicts. Read the whitepaper and learn about how a culture of safety and accurate, detailed documentation can save your company from nuclear verdicts, extravagant insurance premiums, and bankruptcy.

Infinit-I Workforce Solutions’ Checklist to Avoid Nuclear Verdicts

If you’re not quite ready to commit, we are offering a checklist to get you started on nuclear verdict prevention. Follow the steps below to protect your company and your drivers.

  1.   Avoid accidents in the first place by creating a culture of safety that utilizes short, frequent, consistent online safety awareness training partnered with real-time documentation.
  2.   When accidents do happen, mitigate liability and the likelihood that the case goes to trial by making sure that 1) the driver is prepared to begin your company’s defense at the site of the accident, and 2) your office is prepared to quickly produce consistent documentation and a safety portfolio that discourages litigation
  3.   If the accident goes to trial, make sure that driver training, company policies, licensing, and medical records are thoroughly documented, reducing the threat of nuclear verdicts

Key Takeaways:

  • • Nuclear verdicts are on the rise, and trucking companies must be hyper-vigilant to reduce risk exposure.
  • • Create a culture of safety using Infinit-I Workforce Solutions’ training toolkit and documentation system.
  • • Plaintiffs’ attorneys have a data-driven approach to snagging nuclear verdicts. You need a data-driven playbook on how to avoid them.
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The effects of nuclear verdicts on the trucking industry

A close-up of police lights at night | Nuclear verdicts

In 2019, trucking bankruptcies quadrupled due to nuclear verdicts. The strategy seen in courtrooms time and time again involved plaintiff’s attorneys pleading to the juries’ “better angels” to award families millions of dollars as a result of a crash with a truck. This is with or without the trucker’s fault and seems to have no relationship to the actual incident or its severity.

What is a nuclear verdict?

A nuclear verdict is defined as a judgment in excess of $10 million as a result of a truck-related crash. Nuclear verdicts also indicate a disproportionate relationship between the settlement and the actual economic or physical damages incurred by the plaintiff.

Nuclear Verdicts in 2019

In the first half of the year, 640 carriers went out of business because of nuclear verdicts, according to the Wall Street Journal. The problem has been noticed by major publications, including Business Insider and Bloomberg, calling 2019 a Recession for the trucking industry.

And while the American Trucking Association is working on proposed legislation to combat nuclear verdicts, that will be years in the making. 

The Ripple Effect of Nuclear Verdicts

Nuclear verdicts don’t just affect certain trucking companies; they affect us all. From job loss to insurance premium prices, the downstream effect of nuclear verdicts is affecting the entire trucking industry.

In 2019 alone, tens of thousands of drivers lost their jobs due to carrier bankruptcies as a result of nuclear verdicts. With that level of job loss, it’s no wonder 2019 was deemed a trucking recession. Imagine if tens of thousands of people were put out of work in any other industry as a result of rampant lawsuits with no reform in sight: 10,000 investment bankers, 10,000 plumbers, 10,000 doctors…you get the idea. There would be protests, legislation drafted, and major structural changes implemented. But the cultural narrative regarding “big trucks” in this country, even though they are a driver of America’s economy, is that truck drivers and truck companies are dangerous on the road.

This is why trucking companies must be hyper-vigilant. 

Preventable Risk

Hyper-vigilance in this day and age means assessing and managing preventable risks. When nuclear verdicts are on the rise, so are insurance premiums. Now it is more important than ever to protect your company and your drivers through regular maintenance and safety training.

According to the FMCSA, last year, driver error accounted for 87 percent of crash risk, while 10 percent was caused by preventable maintenance. With the added scrutiny on trucking companies and the prevalence of nuclear verdicts, it is more important than ever to address those preventable risks to avoid losing your business altogether.

How Can Nuclear Verdicts Affect My Company?

Currently, insurance premiums are rising year over year by 50 – 100 percent, even for smaller carriers. Carriers of all sizes are being affected by nuclear verdicts, with insurance companies mitigating losses on the front end. Some insurance carriers even are getting out of the business altogether.

When profit margins hover around 5 percent, the doubling of insurance premiums can be injurious to trucking companies, even forcing some companies into bankruptcy.

To read more about the downstream effects and help on calculations for future cost models, check out our whitepaper.

What Can I Do to Avoid a Nuclear Verdict?

  • • Driver training is the single best thing you can do to protect your company from a nuclear verdict. Contact one of our experts today about customizable training for your drivers.
  • • Establish processes and procedures for truck maintenance across your enterprise, even for contractors. 
  • • Documentation, documentation, documentation. If you don’t document it, it didn’t happen. Make sure all your training and maintenance records are stored and updated properly.
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Rising Insurance Premiums for Transportation Firms: What are the Causes?

A driver leans against his truck tire as he takes a break | Rising Insurance Premiums for Transportation Firms

In the last couple of years, insurance premiums for transportation firms have been skyrocketing, and there’s no end in sight. The best trucking companies with the best CSA scores see a 20 to 30 percent increase, while other companies can see a double and even triple increase. Why are we seeing rising insurance premiums for transportation firms and what are the causes?

Causes and Effects of Rising Insurance Premiums for Transporation Firms

Rising insurance premiums for transportation firms can potentially affect the nationwide economy, as costs are passed from insurance companies to trucking companies, and down the line to consumers. A big part of these rising premiums is litigation and the increased frequency of nuclear verdicts.

Nuclear verdicts are settlements for $10 million and up, and 2019 was a record year for them, topping out at nearly $300 million for the record-breaker. With that kind of money going out the door on a regular basis, insurance companies are having a harder time insuring trucking companies. In fact, many insurance providers have completely exited the trucking business altogether. These rising costs impact the insurance companies’ loss ratio, which then results in rising insurance premiums for transportation firms.

How is a loss ratio calculated?

Insurance companies calculate loss ratios to determine profitability. They calculate money lost in claims vs. money paid in premiums to determine their loss ratio. When the ratio gets narrow, premiums increase.

Risk Exposure

By being in the trucking industry, you accept a certain amount of risk. However, every trucking business owner should take an honest inventory of what risks they can actually control, then develop a strategy to address those risks.

Insurance companies are looking for reasons to increase your premium, so you need a tool to help mitigate that risk and demonstrate to your insurance provider that you are insurable and maintain a culture of safety.

With insurance premiums rising so sharply, there is an opportunity to lighten the risk exposure with quality safety training for drivers. Safety programs have been shown to help mitigate the rising costs of insurance premiums and reduce the instance of nuclear verdicts.

Safety First

A high-quality safety program must be accessible for drivers and have flawless, immediate reporting. Driver scores completed modules, and ongoing engagement go a long way toward proving to an insurance company or a courtroom that you have an airtight culture of safety.

Infinit-I Workforce Solutions is a customizable, cloud-based tool that helps you create and enforce your unique safety program. With short, engaging videos, drivers can engage on their phones without impacting drive or rest time. Each module has a quiz, and scores are recorded in real-time. 

In an environment of high risk and low profit margins, you need to do all you can to mitigate rising insurance premiums and litigation. Our safety training solution can help.

What do I need to know now? | Rising Insurance Premiums for Transportation Firms

  • • Insurance premiums for transportation firms are rising rapidly, sometimes doubling or tripling year over year.
  • • Your transportation firm can mitigate rising costs by implementing our customizable training solution.
  • • Documentation could save your company in the courtroom and make you more insurable.
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Marijuana Legalization: DOT to Audit Drug-Testing Policies

Marijuana Legalization

The U.S. Department of Transportation is reviewing its drug policies in light of marijuana legalization. And it looks as if the policies are about to get tougher.

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Records. Records. Records. The Key to Mitigate Risk

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Proper Records are Key to Mitigate Risk

The trucking industry can be a risky business. Every business has moving parts, but the moving parts for the trucking industry weigh several tons and are rolling down the road at 60+ mile per hour.

You also have the financial risk that includes millions of dollars in cargo, plus significant health and safety hazards to deal with. These risks can lead to devastating financial losses if you are not careful.

So, how can you manage and mitigate risk associated with your industry? The best answer is improved safety practices and proper documentation.

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Why Documentation is Key to Risk Mitigation

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What are your biggest risks in the trucking business? Apart from road conditions, hazardous freight, and unpredictable passenger vehicles, your biggest risks are financial. How do you make wise choices, mitigate costs, and stay on the black side of your ledger? Discover how the key to risk mitigation is frequent training and documentation.

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