It hasn’t been the easiest year for America’s railroad companies. Last Fall, in the midst of an inflationary panic, a national rail strike threatened to disrupt the nation’s shipping system, before that was resolved through a combination of Presidential carrots and sticks. But that was all eclipsed just a few months later, in February, with the 38-car derailment of a Norfolk Southern train in East Palestine, Ohio, resulting in a long-term toxic chemical threat to nearby residents and a clean-up that continues to this day. It is clear that the extended coverage of that event has had an effect on the attitudes jurors bring to trial.
We conducted a Persuasion Strategies nationwide survey to look at the effect of these events on the attitudes of jury-eligible population. Conducted between June 23rd and July 11th, we checked in with a representative and demographically stratified sample of 336 respondents. While we do not have recent “before” attitudes to compare with the “after” measurements taken this Summer, we do have a useful snapshot of what public views are likely to be for this industry that frequently faces litigation in the areas of personal injury, employment, and environmental contamination. And the short answer is that, as you might expect, there is a solid chunk of the population with negative views but there is also a recognition of the vital role railroads play in America. While future posts will look at the critical question of who holds the most negative attitudes (a key factor in jury selection), this post will share a first look at this data.
A Solid Subset Don’t Like the Railroads
The baseline attitude indicates that about one-third of those surveyed have a somewhat or a very unfavorable view of railroad companies. While we don’t know what this level was immediately before the derailment, a majority of our respondents did indicate that the East Palestine derailment has had a somewhat or very negative impact on their views. The main drivers for these views turned out to be derailments, along with a belief in a crumbling infrastructure (which is seen as the main driver of the derailments and other risks). Respondents also indicated concern over worker safety, consumer safety, and union rights.
But a Majority Still See Railroads as Essential
Even as the East Palestine derailment might be responsible for driving railroad views into negative territory, there is still a background of support for the companies. Respondents shared the belief that railroad freight transportation is better for the environment than alternate forms (like shipping by truck or by plane), and among those who say that railroads have impacted their own community (about half), those saying the impact is positive outnumber those who say it is negative by about three to one. Ultimately, a clear majority say that railroads are extremely or substantially important to the functioning of the nation.
Differentiate Your Company from General Prior Attitudes
As always, the best advice is not to rely on pre-existing and generalized impressions to define jurors’ view of your company. As a specific party represented in court, the company needs to be three-dimensional and humanized. Jurors should learn about the company’s history, vision, and culture. Company witnesses and representatives need to effectively tell that story in a way that connects to what jurors see as essential about railroads. Witnesses who are prepared and personable can help to build a first impression that is distinct from the baseline attitudes jurors might have about a “large railroad company.”
Appreciation to PS Consultant Josh Haby for conducting the analysis and creating the charts on this survey.
Image credit: 123rf.com, used under license
