Accident Litigation Professional: Beware the Nuclear Settlement

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WASHINGTON — Whereas nuclear verdicts in accident litigation are clearly a serious concern within the trucking business, it’s truly the nuclear settlements that litigation professional Steve Wooden stated are much more problematic.

“What doesn’t get talked about sufficient is the concept carriers are settling circumstances for an quantity that’s rather more than they should,” stated Wooden, a senior litigation advisor with Courtroom Sciences, an Irving, Texas-based agency that advises legislation corporations and authorized departments on litigation issues. “That’s actually the hazard on this business that must be targeted on — along with nuclear verdicts.”

Wooden spoke on the matter throughout an Oct. 4 session at American Trucking Associations’ Security Administration Council’s 2023 convention.

“Though nuclear verdicts are those that get within the paper, the reality of the matter is that solely about 3% of lawsuits go to trial,” he stated. “Nuclear verdicts truly are exceedingly uncommon.”

Nonetheless, considerations over nuclear verdicts are inflicting motor carriers to settle out of court docket for a heavy sum of money. “That is the world we stay in,” Wooden stated.

Whereas usually outlined as jury awards of $10 million or bigger, Wooden defines a nuclear verdict as any that’s bigger than anticipated. “In case you have a case that must be value $500,000, and it is available in at $5 million, that’s a nuclear verdict,” he stated.

However whether or not an accident lawsuit goes to court docket or will get settled within the places of work of enormous legislation corporations, there are a selection of actions a motor service can take to assist their possibilities for a greater final result, in response to Wooden.

Typically the injury for an inexpensive settlement or trial verdict happens on the video deposition degree, particularly when drivers or security managers give their testimony previous to mediation, settlements or trial, he stated. That’s the place plaintiff attorneys are very aggressively specializing in hot-button phrases like “threat, security, hazard, hurt, at all times, by no means, should, ought to” to get witnesses to conform to a “heightened obligation of security.”

“The explanation they do that’s as a result of it’s the previous adage that ‘It’s not what you say, it’s the way you say it,’ ” Wooden stated.

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They’re making an attempt get service witnesses nervous, indignant, flustered and searching defensive, he stated. They need these witnesses to look evasive, emotional and uncomfortable, he stated.

“They love to point out these responses to a jury,” Wooden stated. “Unhealthy depositions can result in giant verdicts when a lawsuit goes to trial.”

One other drawback can merely be what’s discovered on a service’s web site.

“Your company web sites are ripe for the taking,” Wooden stated. “Assume that in any litigation, plaintiff counsel goes proper to your organization web site and are searching for something they’ll use. His hit checklist is definitely in your web site.”

Depend on a plaintiff lawyer asking your security supervisor questions primarily based on such firm statements as “security is our prime precedence or security is our No. 1 precedence.”

If requested by a plaintiff lawyer if security is your prime precedence, a security supervisor or prime government who says something however sure is trapped, Wooden harassed.

“They will say, ‘Effectively, let’s pull up your web site. Doesn’t your web site say this?’ Now you’re caught,” Wooden stated.

“Eradicate all the protection language out of your web site. It’s 100% pointless,” he stated. “There’s no motive for it, and it opens you up for assault. On the finish of the day, we all know that individuals wish to function safely. You don’t have to inform them that.”

Wooden stated to as an alternative focus web site language on such topics as firm historical past and customer support, for instance.

A service’s objective total in a trial must be to persuade juries that affordable financial awards are all that’s wanted to make a sufferer complete. Remember that plaintiff attorneys will attempt to persuade juries to inflict punitive damages requiring firms to make adjustments, and ship a message to the business that every one carriers — not simply the one on trial — should change their habits.

The underside line with plaintiff attorneys is ‘Present me your cash,’ ” Wooden stated. “They have a look at you want an ATM machine. They hate the trucking business as a result of they’re the large dangerous firm that everyone is afraid of. So I’m going to hit them for fast, simple cash.”