October 21st, 2025
The Nuclear Verdict Probl…

New tort reforms could help level the playing field for carriers facing runaway jury awards.

Personal injury litigation in the trucking industry has become increasingly volatile. “Nuclear verdicts” — jury awards over $10 million — are hitting carriers at alarming rates, often assigning full fault to the party with the deepest pockets rather than the one truly responsible. In 2024 alone, there were 135 verdicts exceeding $10 million, a 116% jump from 2023, despite the industry’s continued improvements in safety.

The result? Trucking companies are operating under constant threat, facing rising insurance premiums and the risk of a single lawsuit wiping out years of work. Yet 2025 may mark a turning point, as several states have enacted or advanced meaningful tort reforms aimed at curbing these excessive verdicts.

Why It Matters

Trucking isn’t just another industry — it’s the backbone of the U.S. economy. The American Trucking Association reports the sector moved more than 11 billion tons of freight in 2024, employing over 8 million Americans. But rising verdicts and insurance costs (up more than 100% since 2024) are pushing smaller carriers out of business and threatening the stability of national logistics networks.

New Laws Offering Relief

Indiana: SB 37 and SB 490
Indiana took a bold two-pronged approach this year.

  • SB 37 requires bifurcated trials, meaning the jury must first determine if the driver was negligent before the company’s policies can even be discussed. This helps prevent “deep pocket” bias and focuses the case on what actually caused the accident.
  • SB 490 caps noneconomic damages (like pain and suffering) at $1 million, unless gross negligence is proven — a major check on emotional, outsized verdicts.

Nebraska: LB 79
Nebraska advanced LB 79, which would dismiss claims against carriers unless the driver is first found negligent. It also narrows respondeat superior liability so carriers aren’t automatically on the hook for actions outside the scope of employment, like off-duty conduct.

Pennsylvania: Fair Share Repair Act & Seat Belt Evidence Amendment
Pennsylvania strengthened its Fair Share Act, ensuring each defendant only pays their percentage of fault — ending the practice of forcing minimally liable companies to cover the full bill. The state also passed SB 947, allowing seat belt non-use evidence to be considered when calculating damages, which can reduce awards by up to 40%.

Looking Ahead

While these reforms vary by state, they share a common goal: restoring fairness and predictability to litigation. For carriers, brokers, and insurers, they represent the first real progress in years toward defending against runaway verdicts and inflated settlements.

The takeaway: the legislative tide may finally be turning in favor of the trucking industry — offering carriers new tools to defend themselves and focus on what they do best: keeping America moving.

If you have questions about this article, or about nuclear verdicts in general, please contact Caleb Setliff (csetliff@setlifflaw.com) at (804) -377-1267 or Steve Setliff (ssetliff@setlifflaw.com) at (804) 377-1261.