March 19th, 2026
ATRI’s 2025 Litigation…

The American Transportation Research Institute (ATRI) released its 2025 report, Trucking Litigation: A Forensic Analysis, in December, and the findings underscore litigation trends that should command the attention of motor carriers and captive insurers alike.

Litigation Is a Sustained Operational Risk

ATRI analyzed thousands of state and federal tort cases filed between 2019 and 2024. In 2022 alone, 12,817 trucking-related cases were filed in state courts. The data confirms that elevated litigation levels are not a temporary spike—they represent a sustained, structural trend.

The financial implications are significant. ATRI found that the largest half of verdict awards—those most likely to materially impact the industry—have increased at an average rate of 5.7% annually. Over five years, that equates to approximately 32% cumulative growth, outpacing general inflation.

For carriers, litigation exposure must be treated as an operational risk metric, not merely a line-item expense. For captive programs, this environment warrants careful review of excess layers, reserve adequacy, and retention levels. Structures that were sufficient five years ago may no longer provide appropriate protection today.

Venue Strategy Matters

ATRI’s analysis confirms that venue has a measurable financial impact on outcomes. Over a six-year period:

  • Median state court verdict: approximately $3.6 million
  • Median federal court verdict: approximately $2.52 million

While the difference may appear modest in isolation, ATRI estimates that failure to remove eligible cases to federal court resulted in more than $100 million in excess awards in a single year.

Jurisdictional strategy is no longer a procedural afterthought—it is a financial decision. Carriers and insurers should evaluate opportunities to preserve removal rights contractually where appropriate and consider early removal strategies at the outset of litigation.

The Cost of the “Bad Company” Narrative

The report also quantifies the growing influence of non-economic damages. In 17.8% of cases studied, non-medical damages—such as pain and suffering—were ten times greater than medical damages. These figures illustrate how quickly verdict values can escalate when juries are persuaded by a negative corporate narrative.

Additionally, ATRI projects a 272% increase in awards involving improper hiring claims. This reinforces the importance of disciplined hiring, supervision, and documentation practices. Compliance alone is not enough—companies must be positioned to defend their operational culture and safety commitment if challenged before a jury.

Proactive Risk Management Is Essential

The upward trajectory of trucking litigation is unlikely to reverse in the near term. Carriers and captive insurers should assume continued pressure on verdict severity and defense costs.

The most effective response is proactive. Early claim evaluation, disciplined documentation, strategic venue decisions, and strong corporate safety narratives are essential components of modern transportation risk management.

Litigation strategy today must be embedded in operational decision-making—not addressed only after a lawsuit is filed.

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