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from occurring. They must anticipate Once an accident occurs, carriers of the rules don’t encourage runaway
issues early and use pre-trial motions must respond quickly and appropri- verdicts. However, the number of
to ensure the carrier can present the ately because plaintiff’s attorneys are large settlements has been “creeping
best defense possible. When multiple responding more quickly as well. up, for sure.” While he expects the
defendants are on trial, their attorneys “The plaintiff’s bar is getting environment will worsen, he believes
must present a united front. Otherwise, better at their game,” Jones said in an it will nonetheless remain stable,
they’ll form a circular firing squad interview. “They’re responding more although the potential for a big verdict
that allows the plaintiff’s attorney to quickly to accidents. They’re collecting will always exist.
simply watch them destroy each other. information a lot better and broader Regardless, many Arkansas-based
Defense attorneys must counteract tes- than in the past.” trucking companies don’t limit their
timony from “charlatan experts,” such After an accident, carriers must operations to Arkansas. RCX, for exam-
as occurred in one recent west Arkansas preserve data, evaluate claims thor- ple, was put out of business because of
case where a surgeon wasn’t available to oughly, and prepare the driver early. a Texas jury. Across the country, juries
say the plaintiff needed surgery, so the If a verdict that would exceed their have become “somewhat anesthetized
plaintiff’s lawyers relied on the testi- insurance coverage is possible, firms to what used to shock them,” he said.
mony of a chiropractor. Finally, defense can perform a liquidation analysis In a sense, they’ve become anchored to
attorneys must be ready to respond where a bankruptcy lawyer or forensic nuclear verdicts.
when a plaintiff tries to “anchor” a jury accountant can identify exactly what “Unfortunately our Arkansas
to a high judgment as the trial begins. the company can pay. Staying out of trucking companies don’t just drive in
The lawyer might ask, if the proof justi- bankruptcy court is in the interest not Arkansas, and so they don’t get sued
fies a $19 million verdict, would the only of the motor carrier, but also the exclusively in Arkansas. So nationally,
juror consider awarding it? If the juror plaintiff’s attorney. yes, I do see the incidence of trucking-
says yes, he or she is anchored to that Jones said in an interview that he’s related nuclear verdicts going up. In
number, so at the end of the trial $15 not seeing a lot of nuclear verdicts in Arkansas, fortunately, we haven’t seen
million doesn’t sound so high. Defense Arkansas at this point. Juries here “tend that yet, but the future is around the
attorneys must create another anchor. to be relatively reasonable,” and most corner.” ATR
PROTECTIVE MEASURES
Motor carriers must try to protect TRUCK SAFETY
themselves in this environment. Having
adequate insurance is one step they can
take. Another is strategically creating PROGRAM FUNDING
multiple corporations to minimize the
impact of a verdict or settlement. Once The Arkansas Commercial Truck Safety and Education
that’s done, corporate formalities and
separateness should be maintained. Program is beginning its next application cycle.
Carriers should avoid co-mingling funds
and bank accounts or sharing offices and APPLICATION DEADLINE: APPLICATIONS WILL BE ACCEPTED
JULY 1, 2020
equipment. As Clifton learned the hard MARCH 2 – JULY 1, 2020
way, they shouldn’t use the same logo for AND WILL BE AVAILABLE AT:
multiple companies. Good safety poli- www.ardot.gov/ACTSEP.aspx
cies and training are also important, as — or —
are good hiring practices and screening. Arkansas Commercial Truck Safety
and Education Program
Some driver recruiters are too willing to c/o Arkansas Department of Transportation
hire bad drivers. Jones said his firm will Program Management Division
do a mock deposition of recruiters so P. O. Box 2261
they can understand what safety person- Little Rock, AR 72203-2261
nel experience when they answer a law- — or —
yer’s questions. Arkansas Department of Transportation
“Just an idea you might consider,” 10324 Interstate 30, Room 503
Little Rock, AR 72209
he said. “Wouldn’t cost too much, but
if you can block those at the front end, For More Information, Call: (501) 569-2481
you won’t be dealing with the nuclear Fax: (501) 569-2623 | Email: LFPA@ardot.gov
verdicts at the rear end.”

ARKANSAS TRUCKING REPORT | Issue 2 2020 39