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Monthly Archives: August 2026

Trial Lawyers Reveal Preference For Less Safety

09 Sunday Aug 2026

Posted by Nuetzel in Litigation, Road Safety, Technology

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Alex Tabarrok, Ambulance Chasers, American Institute For Justice, autonomous vehicles, Federalism, Grok, Liability Coverage, Marginal Revolution, Product Liability, Road Safety, Robotaxis, Software Glitches, Technophobia, Tesla, Trial Lawyers, Waymo

Trial attorneys often play a valuable role in bringing litigation on behalf of victims of negligence or other wrongdoings. Sure, even so-called “ambulance chasers” create social value by standing ready to help real victims mitigate damages. However, trial lawyers often give themselves a bad name with aggressive tactics in trolling for alleged victims, assigning tenuous blame, and pressing for inflated damages.

In an act of hypocrisy (not to mention greed and bad faith), The American Institute for Justice (AIJ), which is the trial attorney’s lobby, has taken a stand against autonomous vehicles (AVs). The link goes to a hair-raising post on the topic by Alex Tabarrok on the Marginal Revolution blog. Well, it frizzed my hair a bit anyway. Hence my coverage here.

Through AIJ, trial attorneys have opposed federal legislation that would prohibit state and local governments from imposing “unreasonable restrictions” on AVs, and that would create a more uniform legal environment for AVs. Of course, it’s reasonable to ask whether the proposed legislation is consistent with federalist principles. Some might argue that regulation of AVs is best left to voters at the local or state levels. After all, decisions about who can and cannot drive a vehicle are generally made at the state level. However, as a practical matter, the issues of vehicle/road safety transcend state boundaries.

But what of AVs and safety? A certain level of phobia surrounds AVs, partly due to their novelty. AVs are often the focus of media stories when they behave in haphazard ways. This was the case during a recent power outage in San Francisco, when a few intersections became clogged with “confused” robotaxis. Those kinds of episodes are uncommon and are getting even less common.

Tabarrok notes that AVs have a proven track record of dramatically greater safety than human drivers:

“Roughly 37,000–40,000 Americans die in auto accidents every year. We now have large‑scale, real‑world evidence—from Waymo and a joint analysis with Swiss Re—that driverless operations can be substantially safer than matched human driving within their current operating domains. The latest data show that over 220 million miles driven, Waymo vehicles–in Los Angeles, San Francisco, Phoenix, Austin and Atlanta–have 94% fewer serious injuries, 82% fewer air bag deployments, and 93% fewer pedestrian injuries. The evidence is not fully independent, but it is unusually transparent, large‑scale evidence.”

So it’s appalling to hear that trial attorneys are taking a formal stand against less restrictive regulation of a technology already shown to dramatically reduce harms on roadways in trial cities. More broadly, this also applies to personal vehicles with a self-driving option, like Teslas.

What do trial attorneys stand to lose from more liberalized regulation of AVs? Tabarrok says:

“The trial lawyers earn a huge amount litigating ordinary auto accidents–Annual U.S. auto insurance payouts (liability + PIP/MedPay) are on the order of $180–220B and trial lawyers are very eager to retain the right to sue car manufacturers for product liability. “

He should probably have qualified that statement. Not all payouts spring from litigation or even legal representation. In fact, Grok cites sources indicating that attorney fees amount to somewhere between 25% – 40% of all payouts to plaintiffs. Personal injury lawyers collect annual revenue of between $58 – $62 billion in the U.S., and most of that is related to auto accidents. Narrowing it down, data from 2023 suggests that auto-related attorney fees totaled somewhere between $20 – $30 billion. Based on other industry sources, Grok gives a broader range for current fees of $15 – $35+ billion. If auto claims and awards were reduced by 80%, which is a fairly conservative estimate of the impact of widespread use of AVs, the potential loss to trial attorneys could range from $12 – $28 billion. They’d probably like to protect those fees without coming off like uncaring bastards. They might fail on both counts, but perhaps populist technophobia will allow the hypocrisy to go unnoticed.

Beyond a more liberalized approach to the use of AVs, an interesting policy prescription is offered by Tabarrok:

“In my view, product liability isn’t useful as a safety device in this field. Instead, the solution is simple. Every car should be required to be insured, regardless of driver. Indeed, Waymo vehicles are already insured at $5 million liability coverage per vehicle, far higher levels than most human drivers are covered.”

Does requiring greater liability coverage represent an infringement of liberties? If so, the cost likely pales in comparison to the social benefits of compensating victims of unquestionably harmful externalities.

From a legal perspective, driving is not a right, but a privilege that can be revoked. That privilege carries obligations to obey traffic laws, and liability coverage is already required of drivers in most states (though not all). In this context, requiring coverage, or a greater level of coverage, would promote efficiency by relying on direct settlement of claims by insurers without attorneys in the middle. Then, insurers have recourse to negotiated settlements with manufacturers who might be responsible for a product defect (including software). As Tabarrok says:

“… messy manufacturer-versus-victim litigation is replaced by insurer-versus-manufacturer bargaining between repeat players who settle efficiently.”

Of course, AVs are trained to comply with all traffic laws and to be deliberate and cautious on the roads. They communicate with each other and have 360 degree vision. Certainly a “software glitch”, as Tabarrok puts it, can lead to tragedy. Nevertheless, despite widespread phobia regarding “robot cars”, faulty or dangerous human actions and reactions behind the wheel are no more forgivable and are far more frequent. And AV reliability continues to improve while evidence on their relative safety accumulates.

Trial lawyers can and often do provide socially valuable services. However, even if you’ve never cast a jaundiced eye at attempts to collect outsized damages from arguably innocent defendants, and on behalf of classes of plaintiffs that are speciously fabricated on occasion, the trial attorneys’ attempt to hamstring AV deployment should leave you agape. For all their righteous claims as bulwarks against the injustices of victimhood, the industry does not seem interested in preventing victimhood if it harms the bottom line.

Funding Private Social Security Accounts

02 Sunday Aug 2026

Posted by Nuetzel in Privatization, Social Security

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Cash Offer, CATO Institute, COLA Indexing, Covid-19, David Beckworth, Donald Trump, Equity Returns, Eric Leeper, FICA Taxes, Fiscal Theory of Price Level, Francesco Bianchi, Government Budget Constraint, Heritability, John Cochrane, Means Testing, Michael Woodford, NBER, Old Age and Survivors Insuurance, Privatization, Sebastian Merkel, Social Security Administration, Spousal Benefits, TrumpIRA, Trust Fund

The 2026 report of the Board of Trustees of the Social Security Administration (SSA) says the retirement system’s official insolvency’s will occur in 2032Q4. This is the time at which the Old Age and Survivors Insurance (OASI) trust fund will be depleted, and it is a year earlier than SSA last projected. The disability income (DI) trust fund will last until 2034. The chart at the top combines the OASI and DI programs, so it shows a slightly later overall insolvency than OASI alone. Likewise, the theoretical benefit cuts shown in the chart are at the time of the combined insolvency, and they differ from mandated reductions in retirement benefits alone (22%).

Of course, the OASI and DI trust funds don’t really hold true “assets” for the federal government. Holdings consist of government bonds, which the SSA redeems with the Treasury Department to meet benefit obligations. In turn, Treasury must sell new bonds (borrow) to cover the SSA’s redemption. So the trust funds really only constitute additional Treasury “borrowing authority” on behalf of SSA.

Do Something!

Again, by law, depletion of the OASI trust fund will trigger an automatic 22% reduction in benefits. Needless to say, no one wants to see that happen, but no one wants to face up to the problem through reforms, either. Still, the issue will have to be confronted soon enough. By then, of course, President Trump will be off the hook. However, it would certainly be better to get the ball rolling sooner rather than later. An earlier fix would probably require somewhat less draconian reforms. It also would avoid a last-minute, heated political debate, the outcome of which is likely to be a bad policy choice.

Here’s a good summary of possible reforms from the CATO Institute. These options could shore-up the social security system. They span raising the retirement age, tax increases, cuts to benefits/spousal benefits, adjusted benefit “bend points”, adjustments to COLA indexing, means testing, and even flat benefit levels. But even CATO doesn’t broach the topic of the deeper reform required by privatization or even self-directed investment choices.

Make Me An Offer

In this section I discuss the potential willingness of current and future beneficiaries to accept a lump sum cash offer. I’ll defer discussion of how those cash offers might be funded until a section below. In late 2024, I argued that many future beneficiaries would willingly accept a cash deposit today, all tax-deferred, of less than the actuarial value of their future benefits earned to-date (as calculated by SSA):

“Given that the balance remaining at death would be heritable, some individuals might be willing to accept an initial deposit less than the actuarial PV of the future SS benefits they’ve accumulated to-date (discounted at an internal rate of return equating future benefits “earned” to-date and contributions to-date). I also believe many individuals would willingly accept a lower initial deposit because they would gain some control over investment direction.

There is a long history of economic research investigating the reasons for low demand for annuities (akin to OASI benefits). Control over investment direction brings the opportunity to earn greater returns on “contributions” (FICA payroll taxes). While equity returns have their ups and downs, they generally exceed the returns “earned” by workers on Social Security. It’s pretty much a given that most people investing in 401(k)s would rather have their savings there than governed by SSA benefit formulas!

How can such a discounted cash offer be estimated? The actuarial PV of benefits at an appropriate discount rate geared to equity returns would be straightforward to calculate. Alternatively, trials on sample populations of retirees and active workers could be used to gauge uptake at various discounts. Later, trial participants could be given the option to keep their choice, to opt into whatever structure is finally adopted, or to revert to traditional benefits. The cash offer would almost certainly be worth more to future retirees, who have more time to earn superior returns at lower risk, than to current retirees.

Realistic Offers

A discount averaging 22% is well within the range of possibility in the aggregate, which would match the benefit cuts due in 2032 barring reform. This NBER paper found that many participants would accept a lump-sum at a 25% discount from actuarial value, while this paper found that non-retirees value their future benefits at a discount of 30%.

It’s likely that a number of beneficiaries will decline the cash offer out of conservatism, fear, or ignorance. Perhaps some will opt-in over time. But all indications are, from the annuity research, that most future retirees would accept an offer. So too might a significant number of current retirees, perhaps early in their retirement years, or who might highly value a chance to leave a bequest, or who might fear that poor health will limit the value of taking traditional SS benefits.

How To Fund Up-Front Payments

The upshot is that the availability of such a cash option would sharply reduce future benefit outlays. The rub is that the cash must be funded up-front. It would represent a huge addition to the government’s current borrowing needs, which sounds like an insurmountable obstacle to the success of the initiative. The fear is that immediate pressure on capital markets and interest rates could create an economic upheaval the likes of which we’ve never seen. More than anything else, the funding problem has led many to dismiss the possibility of privatization.

There is, however, an alternative view: the very reduction in the flow of future benefit obligations makes the plan more than feasible. That is because, in present value terms, the value of the reduction in future benefits would exceed the immediate borrowing necessary to pay the cash offers.

This reasoning is based on the government’s long-term budget constraint, which forces equality between the real value of government debt outstanding and the real present value of expected future government surpluses. Capital markets must value government debt on that basis, lest the debt’s value must be justified by a fiction.

The long-term budget constraint is central to the fiscal theory of the price level (FTPL). John Cochrane has written extensively on FTPL, and its adherents range from Eric Leeper, Michael Woodford, Sebastian Merkel, Francesco Bianchi, and to some degree David Beckworth.

Under the government budget constraint, a large increase in borrowing unaccompanied by any increase in future surpluses must leave the real value of debt outstanding unchanged. This happens because the real amount of debt is inflated away sufficiently or revalued as interest rates are bid upward.

In the case of a Social Security cash offer at a discount from actuarial present value, immediate borrowing should be more than offset by reductions in future SS benefit obligations. If financial markets find the future benefit reductions credible, there should be no upward pressure on interest rates or the price level. In fact, perhaps the opposite.

Of course, all this assumes that politicians possess fiscal discipline. Assuming they understand the gain in the government’s fiscal position, they cannot rush to commit to new programs, spending initiatives, or tax cuts that would sop up the increase in future surpluses (reduction in future deficits).

Trump Accounts

The Trump Administration has assiduously avoided serious discussion of SS reform. Instead, never missing a chance to stamp the Trump brand everywhere, the president has championed a “new” saving vehicle called TrumpIRA. It allows private workers without an employer-sponsored savings plan to establish an IRA account through the TrumpIRA web site. Qualified savers who establish such an account will be eligible for a $1,000 government matching contribution. So Trump has found another way to commit taxpayer resources that do not exist. Given our ongoing massive fiscal imbalance, you’d think his economic team might clue him in on a key lever that should be employed to increase national savings: deficit reduction! Instead, he’s busy subsidizing TrumpIRAs, Trump Baby Bonds, and plowing billions into government stakes in private companies.

The SS system itself, as it now exists, represents a huge disincentive to save. Privatization would sweep away those bad incentives, especially if the private accounts could be used for additional savings beyond existing FICA “contributions”. And access to those additional amounts saved should be open at any time, subject to a normal tax on withdrawal.

Summary

My earlier post on this topic contains much more detail on a voluntary privatization plan for Social Security, including potential risks. This is the sort of initiative that should be under discussion in policy-making circles. Sadly, the Administration doesn’t see any advantage in addressing SS reform at all, and other parties have dismissed privatization as a fiscal boondoggle. However, a substantial reduction in future benefit obligations would be more than sufficient to offset the short-term borrowing needed to offer cash to fund heritable, self-directed, private accounts at a discount from the actuarial present value of future benefits.

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  • Trial Lawyers Reveal Preference For Less Safety
  • Funding Private Social Security Accounts
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