A story about a $100 million jury verdict in an accident case involving a commercial truck and a passenger vehicle was in the news recently. The plaintiff was awarded the judgment even though local law enforcement, in its investigation, found no fault with the driver. The driver was proceeding below the speed limit when the other vehicle crossed the median and crashed into the truck. 

Lives were shattered. It was without a doubt a tragedy. And those affected should be compensated.

Yet these nuclear verdicts also shed a stark light on what has become a cottage industry that is destroying lives and businesses — all for profit. 

It’s a modern-day litigation lottery with plaintiff attorneys, often funded by third-party investors betting on a big payday, taking on trucking accident litigation, spending millions to advertise for clients, and then looking for the deepest pockets to pick from — regardless of fault. 

And the sad truth is, plaintiffs have about as much chance of collecting a $100 million verdict (with as much as 40% going to the lawyers) as buying a winning lottery ticket.

Plaintiff Attorneys Ignore Trucking Investment in Safety

Human errors will always be a factor. The outside distractions truck drivers must deal with on the road seemingly growing by the day. Yet technology is available today to warn, alert, and stop a truck despite a driver failing to act, whether at fault or not. 

Responsible trucking companies recognize this and invest effort, time, and money to ensure their drivers have the training and tools to operate as safely as possible. 

Millions are spent on modern trucks with the latest in accident avoidance and proactive, preventive safety systems, in-cab cameras to coach skills improvement and reinforce positive practices; on hiring practices that comprehensively evaluate candidates; and on aggressive safety, risk management and accident prevention.

Yet the plaintiff bar remains focused on convincing the world that trucking as a whole should be feared and punished. 

I have no confidence in tort reform. Who is going to vote against the ability to seek $100 million paydays and fund the ongoing litigation gravy train?

What if, instead, that message was one of protect and prevent?

Let’s Fund Safety Technology and Education

One thought: Set aside a portion of nuclear verdicts to fund accident prevention and education. We tax fuel for roads; we have tolls to fund mass transit and infrastructure. How about a nuclear verdict excise tax on any verdict above $10 million? 

That money then can go to education programs and grants to pay for fully automatic emergency braking and collision avoidance, driver alerts, and in-cab cameras in every truck, with no exceptions. Help expedite what can be prevented by accelerating safety systems in every truck built, period.

In my experience, the best safety packages in new trucks cost between $5,000 and $8,000. Equipping more operators with these systems would certainly reduce accidents and their financial and emotional toll on everyone. 

Make Lawyers Part of the Nuclear Verdict Solution

Another thought: Encourage the attorney community to become part of the solution by taking a portion of the money they spend on advertising — which, by one estimate, topped $900 million in 2021 — to create a fund dedicated to improving safety.  

Instead of advertising for clients who may or may not be injured, invest in prevention. Let the attorneys earn capped fees; anything in excess of a $10 million award goes to the “Safer Fleet and Roadway Fund.” 

Ensure the injured get the best care and compensation available, but let the excess go to funding tech-enabled safer trucks on the highways.

An accident prevented is lives saved and tragedy avoided. Isn’t that a better solution than preying on fear and betting on an elusive lottery win?

Watch HDT's 2023 interview with Vaccaro about the crash that changed his life:

John Vaccaro is president at Bettaway Supply Chain Services and founder of PalletTrader. A severe crash in 2017 (and resulting lawsuit) turned him into an advocate for advanced safety technologies such as collision mitigation with automatic emergency braking and in-cab cameras.

This contributed guest blog was authored and edited according to Heavy Duty Trucking’s editorial standards and style to provide useful information to our readers. Opinions expressed may not reflect those of HDT.