Swiss Re’s new 2025 study reveals why verdicts are growing, and what attorneys can do about it.
Key findings from Swiss Re’s “The behavioral science behind America’s skyrocketing legal payouts”
Litigation is becoming a new social norm
Only 56% of the US adults now believe there are too many lawsuits – a sharp decline from 90% in 2016. More people view litigation as a legitimate means of seeking justice.
Size of the company doesn’t matter
Small and medium-sized trucking companies face nearly the same risk of nuclear verdicts (awards over $10 million) as big corporations, if the injury is severe.
Anchoring matters
Defense counter-anchoring (i.e., presenting fact-based counteroffers early) can reduce expected verdicts by 40–50%. Still, up to 14% of respondents issued nuclear verdicts even after counter-anchors.
Jury demographics matter
Age, political stance, and economic background all influence verdict outcomes. Younger jurors in particular are more plaintiff-friendly. As demographics shift, these trends may increasingly affect trial outcomes.
What this means for attorneys in trucking/transportation litigation
Attorneys must adapt to a litigation landscape where emotion often outweighs evidence, juror sentiment is shifting toward plaintiffs, and case outcomes are unpredictable. But with the right tools, objective data can still win the day.
At Draivn, we are building such a tool to help defense teams counter these trends with objective, comprehensive evidence delivered fast. Here’s what you get:
- Data-driven anchoring. Jurors are responsive to fact-based suggestions. With timely, objective telematics and video evidence, defense teams can introduce empirically-proven counter-anchors early, before plaintiff narratives take hold.
- Fact-first narrative construction. Instead of relying on emotions, your case narrative can rest on verified facts – accident analytics, driver behavior, pre-accident context, violation history, and much more.
- Access to evidence within days. Bypassing weeks off evidence collection, you gain more time for strategy, counterarguments, and jury prep – which is critical when jury norms are shifting.
- Work product protection. We separate the raw data from your analysis so that your strategic insights remain your work product, while the raw data can be disclosed when legitimately required.
If you’re a transportation litigator serious about leveraging evidence early, let’s connect.
