Plaintiffs’ attorneys use “Reptile Theory” tactics in transportation litigation to push for higher verdicts by appealing to jurors’ primal need for safety, distracting from the relevant facts of the case. They attempt to get witnesses to agree to sweeping absolute statements about safety precautions and broaden motor carriers’ responsibility beyond what state and federal regulations require, thereby portraying motor carriers and their drivers as an inherent risk to public safety. For motor carriers, understanding how these arguments work and
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Where the SEP prioritized adverse/disproportionate impact, the NEP (using



