App Solutions Offered for Distracted Driving

distracted driving

Some Apps Offer Solutions to Prevent Distracted Driving

distracted drivingState Farm recently released information from its distracted driving survey, which found that fewer people talk on the phone while driving, but the advent of smartphone technology has led many drivers to read, text, Tweet, and chat message while driving.

A writer for TechCrunch laments the “Pavlovian response” drivers have to their smartphones. She wrote that she has deal-finding apps downloaded to her iPhone, and they consistently make noise when she drives past stores and malls. She suggested built-in apps on the phone that would automatically silence app and text alert noises, even if the user forgets to put the phone on silent. Some third-party phone apps already discourage distracted driving by disabling texting or count the number of times you text while driving – which is illegal in most states.

The Harvard Center for Risk Analysis recently looked at distracted driving data and found that 1.6 billion vehicle accidents per year were the result of texting or messaging while driving. These accidents kill 11 teenagers per day, according to the research, and are as dangerous as driving after consuming four beers. The number of deaths caused by distracted driving from mobile phone use is higher than the number of deaths caused by running red lights. Worst of all, distracted driving is completely preventable – but drivers have to want to stop, so companies find they might need encouragement.

Automobile manufacturers are also looking at ways to prevent distracted driving. Many of these same companies have begun to build in touch screens and wireless connections so that the driver can hook their phone into their car, and talk or access apps while on the go. One automotive manufacturer, Ford, has recognized that this technology boom can encourage distracted driving even further, and the company says it has now partnered with mobile app developer Life360 to build in not just the GPS feature of the original app – which allows friends and family to track each other based on the phone’s GPS signal – but also to develop a “Driving Mode” for the vehicle version, which would text all the driver’s contacts when the car is on and inform them not to text while the vehicle is in motion. When the driver arrives at their destination and parks the car, the app would alert friends and family that the driver is available again – hopefully preventing the bemoaned Pavlovian response to phone noises by asking for community support against distracted driving.

At least 44 states have, so far, passed some form of distracted driving legislation. This year, South Carolina passed a statewide ban on texting and driving, although other forms of distracted driving are legal.

The Strom Law Firm Helps Those Injured by Distracted Drivers

If you have been injured by a distracted driver, the South Carolina distracted driving accident attorneys at the Strom Law Firm, L.L.C. will fight for fair compensation for your injuries. Our South Carolina car accident lawyers are prepared to fight for compensation in the courtroom and will defend your right to compensation for your past and future medical bills, lost wages and future earnings, your pain and suffering, and, in the event of a fatal car accident, even wrongful death. Our attorneys offer free, confidential consultations to discuss the facts of your personal injury case for distracted driving, so contact us today. 803.252.4800.

New Hands-Free Technology Leads to Distracted Driving

hands-free technology

In-Car, Hands-Free Technology Can Cause Distracted Driving

hands-free technologyTwo new studies show that hands-free technology, as well as built-in technology in many modern cars, can cause distracted driving.

A study conducted by AAA and the University of Utah, which looked at hands-free and voice-activated controls, found that even those devices can cause distracted driving, which increases the risk of a car accident. Many distracted driving laws allow drivers to use blue tooth headsets or speaker phones to make phone calls, and many vehicles have systems that can link to your phone so you can use an in-car program to make phone calls to friends or restaurants.

A companion study also investigated voice-activated smart phone features, particularly Apple’s popular Siri, and found that those programs can also lead to distracted driving issues. In fact, two participants in the study caused virtual crashes while dealing with Siri in a driving simulator.

“Common voice tasks are generally more demanding than natural conversations, listening to the radio, or listening to a book on tape,” the AAA Foundation for Traffic Safety researchers wrote.

“We already know that drivers can miss stop signs, pedestrians and other cars while using voice technologies,” said Bob Darbelnet, chief executive of AAA. “We now understand that current shortcomings in these products, intended as safety features, may unintentionally cause greater levels of cognitive distraction.”

“In the situations where you have a system that’s very difficult to use, is extremely frustrating to use, then, yes, you’ll be paying attention to that and not paying attention to traffic lights and pedestrians and other cars,” David Strayer of the University of Utah explained. In his study, a driver requested the name of a restaurant on Siri, but because voice-prompt technology is new and flawed, Siri’s response was, “Sorry, I didn’t get that. Please select a restaurant.” The driver, in her frustration, missed a prompt that measured her attention to the road.

Both studies measured “cognitive distraction,” or the mental workload caused by dealing with multitasking. Many previous distracted driving studies examined visual distraction, such as texting and driving or GPS navigation, in which the driver took his or her eyes off the road.

“The primary task should be driving. Things that take your attention away make you a poor driver,” Strayer said. “Even though your car may be configured to support social media, texting and phone calls, it doesn’t mean it is safe to do so.”

Although Toyota scored one of the best vehicles to prevent cognitive distraction while driving, a spokesman said that neither study conclusively showed a link between distracted driving and hands-free or voice-activated systems.

“The results actually tell us very little about the relative benefits of in-vehicle versus hand-held systems; or about the relationship between cognitive load and crash risks,” said Mike Michels on behalf of Toyota.

The Strom Law Firm Helps Those Injured by Distracted Drivers

If you have been injured by a distracted driver, the South Carolina distracted driving accident attorneys at the Strom Law Firm, L.L.C. will fight for fair compensation for your injuries. Our South Carolina car accident lawyers are prepared to fight for compensation in the courtroom and will defend your right to compensation for your past and future medical bills, lost wages and future earnings, your pain and suffering, and, in the event of a fatal car accident, even wrongful death. Our attorneys offer free, confidential consultations to discuss the facts of your personal injury case for distracted driving, so contact us today. 803.252.4800.

Fatal Reckless Driving Accident Leads to Prison Time

fatal reckless driving

Summerville Teen Faces 4 Years in Prison for Fatal Reckless Driving Accident

fatal reckless drivingA year after a terrible accident caused by one now 18-year-old’s fatal reckless driving in South Carolina, a conviction has been secured.

Cullen Dupree, who should be a senior in high school this year, was sentenced to 4 years in prison-practically a college career- for reckless homicide and causing a hit-and-run accident, which killed 21-year-old Amanda Carey.

There were no drugs or alcohol involved in the South Carolina reckless driving accident. Witnesses said they saw Dupree “brake checking” drivers in an attempt to run them off the road. He swerved to block the Jeep Cherokee containing Carey and her friend and driver, Taylor Watkins, as they tried to pass him on the high way, which caused the serious accident. Worse, Dupree did not stop at the scene of the accident – instead, he took two passengers in his vehicle home before returning to the scene, leading to the hit-and-run charges.

Dupree told police at the scene, when he returned, an elaborate story about how the fatal reckless driving accident occurred. At one time, Watkins was charged with a DUI when officers found an open container in the car, and he admitted to drinking earlier in the day, but a volunteer blood test showed no signs of intoxication.

Eventually, Dupree’s three passengers admitted what was going on in the car that led to the fatal reckless driving accident.

The prosecution asked for the maximum sentence for Dupree, due to his lack of remorse for his reckless driving which caused the death of another driver, which stunned the Carey family in the court room. Dupree could have faced 10 years in prison for the homicide charge, and 25 years in prison for the hit and run; however, the judge sentenced him to 8 years in prison, with 4 suspended on probation.

“It’s really a story of some teenagers fooling around on the road,” the prosecution said. “It’s just a tragedy all around.”

Reckless Driving and Other Traffic Offenses in South Carolina

Common South Carolina Traffic Offenses Include:

  • speeding,
  • following too closely,
  • driving with a suspended license, DUS
  • DUI,
  • driving without insurance,
  • careless driving, and
  • reckless driving.

In SC, if you accumulate a total of 12 points your license may be suspended.  Your license may also be suspended if you fail to pay your traffic ticket within 12 months of the day it is issued.

The Strom Law Firm Can Help with Car Accident Injury and Wrongful Death Cases

Although many of the people we represent in these cases are from right here in South Carolina, our lawyers routinely take clients from throughout the Southeastern U.S. and, in certain types of product liability or pharmaceutical cases, from across the country as well. If you or a loved one has been injured or killed through no fault of your own, whether from a defective product or as a result of a South Carolina reckless driving accident, you may have a wrongful death case. Contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

Senator Calls for End to Dangerous “Chameleon Carrier” Trucking Companies

Chameleon Carrier

Senator Calls for Closing Trucking Company Loophole that Creates Chameleon Carrier Companies

Chameleon CarrierA US Senator is campaigning against “chameleon carrier” trucking companies, which use a federal loophole to avoid paying fines by dissolving and reapplying for a new trucking license.

New York Senator Charles Schumer recently sent a concerned letter to the Federal Motor Carrier Safety administration expressing his concern over the loophole, because it allowed trucking companies to avoid liability.

“It is critical that a better system be developed when it comes to screening potential ‘chameleon carriers’ and unsafe drivers who shouldn’t be on the roads,” Schumer said. “While most companies that receive violations and citations quickly take steps to improve their safety operations, some carriers are able to evade oversight by simply closing down and re-emerging with a new name.”

“Rather than pay the fine or face repercussions, some (trucking companies) dissolve and reapply for permitting under a different name,” Schumer continued. “They’re called chameleon carriers. Same owners, same employees, same vehicles, just a different name.”

Schumer says that there are at least 500 such companies in New York State alone, including one trucking company that evaded liability for a fatal accident in Ithaca earlier this year. In his letter, Schumer informed the FMCSA that a simple solution would be to just look more closely at the applications.

“They should look beyond the name and see who’s behind it,” Schumer said. “If it’s the same drivers, if it’s the same trucks, if it’s the same owners in any way, they should look carefully and could prevent them from getting a new license.”

FMCSA spokesperson Marissa Padilla said the federal trucking company safety agency agrees with Senator Schumer, and has already taken some aggressive steps to better vet carriers that apply for new licenses. The agency has also upped fines for carriers that attempt to dodge liability by changing their names. In addition, the FMCSA has passed new regulation this year that would shut down trucking companies that repeatedly violated this rule.

“We appreciate Sen. Schumer’s support of our aggressive efforts to combat chameleon carriers and Acting Administrator Darling will respond to him directly on the new rules and policies we are taking to keep these unsafe companies off the road,” the FMCSA responded.

Trucking Companies and Trucking Accidents Can Cause Serious Injury and Wrongful Death

Accidents involving heavy commercial vehicles such as semi tractor trailers, flatbed or tanker trucks, buses, or construction accidents can often result in a serious injury or death.

Many times truck drivers cannot see in certain blind spots around their large 18 wheeler.  You will also find that many truck drivers do not follow the speed limits and rules of the road.  They are pressured by deadlines and DOT regulations are often racing to get to their destination.

Tractor trailer accidents can also occur as the result of driver fatigue.  Drivers may get distracted or even fall asleep at the wheel, leaving them unable to avoid a trucking accident. Injuries sustained in these types of accidents can be disabling. Accidents involving heavy commercial vehicles can cause:

  • traumatic brain injury,
  • paralysis,
  • severe disability, and
  • even death.

The Strom Law Firm, LLC can help you if you have been injured in a trucking accident. With careful analysis and investigation we will look at critical factors including:

  • maintenance and equipment records for the truck;
  • whether the truck load was appropriate, properly sized and within the weight limit;
  • Weather, road, and grade conditions;
  • whether the driver was operating within DOT regulations.

If you or a loved one has been such a victim, contact the Strom Law Firm, LLC trucking accident lawyers. Whether you were injured in a bus accident, tractor trailer accident, or any other commercial vehicle accident, we can help. 803.252.4800

Uber Driver Faces Criminal Charges Tied to Personal Injury and Wrongful Death Suit

personal injury and wrongful death

Criminal Charges Filed against Uber Driver Related to Personal Injury and Wrongful Death Claim

personal injury and wrongful deathIn the continuation of one wrongful death lawsuit, an Uber driver in San Francisco has been charged with vehicular manslaughter after hitting a 6-year-old girl at a crosswalk last New Years’ while checking the Uber mobile app.

Syed Muzzafar was charged with vehicular manslaughter on Monday, December 29th. On New Year’s Day this year, Muzzafar was reportedly checking the Uber mobile app to pick up a fare when he struck several members of the Liu family as they were crossing at a crosswalk. He injured two, and killed Sophia Liu, 6 years old. Uber now faces a wrongful death lawsuit from the family as well.  Uber maintains that Muzzafar was actually off-duty at the time of teh accident, meaning that the company denies liability for the wrongful death accident. The company also maintains that it is against employment policy for drivers to check the mobile app while driving, because that can lead to dangerous distracted driving accidents.

“The last thing I saw before the Uber driver killed my little girl, and forever changed my life, was him looking down at his phone,” Huan Kuang, the girl’s mother, is quoted as saying in a statement issued by her attorney on Tuesday. “The driver is a man who was working to feed his family and he did wrong, but Uber is the one who makes the drivers look at their phones as part of the way they do business. Uber is just as responsible as Muzzafar, but they say they are not.”

“The design and use of these mobile applications requires drivers to violate the law as they have just seconds to respond to instant messages from Uber or they will lose the fare and receive negative ratings and possible termination of their driver status,” the Liu family’s attorney said in a statement.

Uber has been accused not only of implicitly encouraging distracted driving, which can lead to personal injury and wrongful deaths, but of also failing to screen drivers according to state standards. This can also lead to serious injuries for passengers, including a case involving the rape of a 22-year-old woman.

In Chicago, an unidentified 22-year-old woman said she used the Uber mobile service to catch a ride in November, after a party with coworkers. She was picked up by driver Maxime Fohounhedo, who asked her about 20 minutes later to sit in the front seat with him as he was unfamiliar with the area. Then, he assaulted her in the vehicle and she blacked out; later, she woke up later in an unfamiliar apartment with him on top of her. Fohounhedo has been criminally charged with sexual assault and criminal sexual abuse. However, he is only the latest in a string of accusations against Uber drivers, claiming assault and rape.

The Strom Law Firm Can Help with Personal Injury and Wrongful Death Cases

Although many of the people we represent in these cases are from right here in South Carolina, our lawyers routinely take clients from throughout the Southeastern U.S. and, in certain types of product liability or pharmaceutical cases, from across the country as well. If you or a loved one has been injured or killed through no fault of your own, you may have a personal injury or wrongful death case. Contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

SC Auto Accident Victim: Now What?

SC Auto Accident Victim

South Carolina Car Accident Attorneys Fighting For Justice for Injured Victims

SC Auto Accident VictimWhether you are t-boned coming back from a USC basketball game, injured in a hit and run on I-26, or involved in a rush hour fender bender on your way into downtown, Columbia, SC, car accidents occur every day.  Knowing what to do immediately after a Columbia, SC car accident can ensure that your rights are protected.

As a SC auto accident victim, there’s a flurry of activity immediately following an accident.  Having a checklist in mind can help ensure that you do not overlook anything.  With this in mind, our SC Car accident attorneys offer you the following 5 tips to maximize the likelihood of recovery:

1.  Report the Accident:

If there are injuries, call 911 immediately.

2.  Seek Medical Attention Immediately:

If you or anyone else is injured and sustained accident related injuries, you should seek medical attention immediately. Do not move a victim if they have a spinal cord injury unless leaving them creates a danger. Make sure that when you meet with the doctor you report all of your symptoms and problems

3.  Document the Scene:

Take pictures of the damage at the scene: If you are safely able, make notes and take pictures of all of the important details of the scene. If anything is damaged in your car such as a computer, cell phone, etc, make sure you document the damage.

4. Get the Other Driver’s Information:

Secure contact information, including name, address, phone number and car insurance coverage for the other driver.  Identify and secure contact information for any witnesses; note the make, model, color of the other car or cars involved.

5.  Be Careful What you Say.

Do not volunteer any information regarding who is at fault.

Saying that you are sorry or admitting that you were distracted may be used against you later as an admission of fault.

6.  Don’t Talk to the Insurance Adjuster:

While you may be required to issue a statement at some point during the claims process, don’t talk to the adjuster until you have had the opportunity to speak with one of our Columbia, SC attorneys.

Our Columbia, South Carolina car accident attorneys are here to help navigate you through the claims process.

7. Follow Your Doctor’s Advice:

While the demands of every day life will continue after a car accident, make sure that you follow any medical restrictions and your doctor’s recommended course of treatment.

8. Call a Columbia, South Carolina car accident attorney.

Take advantage of a free consultation. Centrally located in Columbia, South Carolina, our car accident lawyers are here to help.  We fight for fair compensation for SC auto accident victims. Let us deal with the insurance company while you focus on getting better.

South Carolina Auto Related Accident Fatalities Increase in 2014

Accident Fatalities

South Carolina Auto Accident Fatalities on the Rise

Accident FatalitiesIf you spent any time this past weekend on I-95 or I-26, you witnessed first hand the impact that holiday travel can have upon our roads.  Whether simply due to winter weather, holiday party traffic, or distracted driving, increased traffic on South Carolina roadways brings an the increased risk of an accident which can lead to South Carolina Auto Accident Fatalities.

During the holiday season, the likelihood for a fatal South Carolina automobile collision increases. In fact to date, the number of South Carolina auto accident fatalities increased from 2013.  Of the 545 South Carolina motor vehicle accident fatalities, approximately half, 258, were not wearing a seat belt.

During this holiday season (as with the rest of the year), it is extremely important that you drive with care for yourself, your occupants, fellow motorists, and pedestrians on the road. To minimize the chances of car accidents in South Carolina remember to:

  • designate a driver;
  • keep your vehicle well maintained;
  • follow the laws of the road;
  • avoid distractions (i.e.: texting, adjusting the radio or DVD player, bending down to pick up something that fell, eating, applying makeup, etc.).
  • always wear a seatbelt.

The Strom Law Firm can help you or a loved one if you have been in an automobile accident. Lamentably, such collisions are all too common, and even if the accident is a fender-bender, passengers can sustain injuries that can impact them for months, years, or a lifetime. A simple accident, such as the one in Sumter, can ultimately result in the death of an individual who was loved by friends and family. Please don’t wait to contact the SC Accident Attorneys at Strom Law Firm for a free, confidential consultation to discuss the facts of your case. (803) 252-4800.

Wrongful Death Lawsuit Filed After Accident on Double-Decker Tour Bus

wrongful death lawsuit

Family Files Wrongful Death Lawsuit Against Double-Decker Tour Bus Company

wrongful death lawsuitAfter a teenager died from striking his head on a freeway overpass while on a tour in an open-air double-decker tour bus, his parents have filed a wrongful death lawsuit against the tour bus company.

Matthew and Amy Zisette are the parents of victim Mason G. Zisette. The couple filed a lawsuit in Los Angeles Superior Court on Tuesday, January 20th, alleging that Starline Tours of Hollywood Inc., the bus driver Jose Barajas Curiel and New Flyer Industries Canada ULC, the manufacturer of the 2000 model bus, failed to warn passengers of potential dangers when passing under overpasses or bridges, and committed serious negligence when allowing tour bus passengers to sit on the top deck.

The incident occurred on July 10th, 2014. The 16-year-old victim reportedly attended a “Sweet 16” party with some friends, who then decided to take a 4-hour sight-seeing tour around the South Bay, focusing on Los Angeles and Hollywood. Mason was a 6 foot, 2-inch varsity tennis player about to enter his junior year at Mira Costa High School in Manhattan Beach.

On the tour’s return trip, the driver took a freeway from Sunset Boulevard and began driving at 60 miles per hour. Mason and some friends were on the upper deck, which was open to the air, admiring the sunset around 7:25 PM when 14-foot tall bus passed under a 15-foot-and-1-inch tall Arbor Vitae Street overpass near San Diego Freeway. The clearance, according to the lawsuit, does not allow passengers on the top deck to safely pass under the overpass, and the tour bus manufacturer, driver, and tour bus company all failed to monitor the passengers, and failed to warn of such a potential danger when passengers signed up for the tour and sat on the top deck.

“This recipe for disaster resulted in the back of Mason’s head impacting the … overpass in Inglewood near LAX,” the suit states. “Mason suffered a traumatic brain injury, fell motionless on the bus floor, never to wake again.”

The teenager died 2 days later, on July 12th.

The wrongful death lawsuit states that Starline Tours has “long been on notice of the risk of instant death presented by these double-decker buses. Despite this notice, (Starline) continues to needlessly and recklessly … transport the public on these double-decker buses.”

Mason’s family seeks unspecified damages in their wrongful death lawsuit.

The Strom Law Firm Can Help with A South Carolina Wrongful Death Lawsuit

The unexpected loss of a loved is a very painful experience.  While mourning their loss, surviving family members are often with mounting medical bills, the loss of an income, and sudden expenses such as hospital bills and funeral costs.

If a loved one dies as a result of the negligence, reckless, or intentional conduct of another, you may be entitled to file a South Carolina wrongful death lawsuit. A SC wrongful death lawsuit asserts a claim against a person who can be held legally responsible for a death.  Surviving family members in a wrongful death lawsuit may be entitled to damages; money that can help with the expenses caused by the loss of their loved one.

You do not have to face the emotional and financial pain of a loved one’s wrongful death alone. If you or a loved one has been injured or killed through no fault of your own, contact the South Carolina wrongful death attorneys at the Strom Law Firm, LLC today for a free, no-cost consultation today. 803.252.4800

Low Gas Prices Lead to Highest Expected Thanksgiving Travelers Traffic

Thanksgiving Travelers

South Carolina Hopes to Keep Traffic Deaths Low During Busy Thanksgiving Travelers Season

Thanksgiving TravelersEvery holiday season, AAA offers traffic safety and travel tips during busy road travel times, including Thanksgiving travelers. This year, AAA forecasts that the greatest number of Americans will travel on the roads since 2007 – a whopping 46.3 million people driving to and from Thanksgiving celebrations.

The huge increase in holiday traffic has been linked to gas prices being at their lowest in five years. The average national price for gasoline this year is 43 cents lower than last year – $2.85 per gallon, compared to 2013’s $3.28 per gallon.

About 89% of all Thanksgiving travelers will drive to their destinations, which is a 4.3% increase over last year’s Thanksgiving traffic forecast.

About 656,000 South Carolinians in particular are expected to travel 50 miles or more from home. About 591,000 of those Thanksgiving travelers will drive.

Traditionally, Thanksgiving is one of the deadliest holidays for drivers, because many people take off work or school beginning on Wednesday, then return Sunday or Monday. Many people frequently drive either a short distance to visit family on Thanksgiving day itself, or travel a greater distance out of town just before the holiday. Thanksgiving can be a stressful holiday for some, and during the celebrations, many people drink, which can lead to a South Carolina DUI charge, or even worse, a South Carolina car accident. The high number of drivers on the road at any time increases the risk of a car accident, and the added stress can make an accident even more likely.

Traffic safety seems to be improving in South Carolina, just in time for the holiday season. Statewide, there have been 692 deaths in traffic accidents this year, which is down from 707 traffic deaths last year. However, so far 5 people died in South Carlina car accidents just this past weekend alone – the weekend before the holiday – which could signal a rough holiday for South Carolina’s drivers. Last year, a total of 5 people died over the Thanksgiving weekend itself.

Consumer Reports offers driving and traffic safety tips for the Thanksgiving traffic this year:

  1. Be prepared with an emergency kit including water, first aid kit, blanket, and flashlight.
  2. Know the weight capacity of your vehicle and be careful how much you pack in your car. Extra load can put stress on the vehicle’s frame, and could cause it to buckle in the event of an accident.
  3. Be patient during times of heavy traffic.
  4. Don’t be distracted. Do not use cell phones while driving, even just to talk, because you could cause an accident. Hand your phone to someone else in the car, or pull over, if you absolutely must make a call or send a text.
  5. Make sure to wear your seat belt!

The Strom Law Firm Can Help with South Carolina Personal Injury Cases Caused by A Distracted Driving Accident

Whether the distraction is eating, putting on makeup, talking on a cellphone, or even just daydreaming, distracted driving can lead to an accident, causing serious personal injury or even death. If you have been injured by an accident caused by distracted driving, the South Carolina accident attorneys at the Strom Law Firm, L.L.C. will fight for fair compensation for your injuries. Our South Carolina car accident lawyers are prepared to fight for compensation in the courtroom and will defend your right to compensation for your past and future medical bills, lost wages and future earnings, your pain and suffering, and, in the event of a fatal car accident, even wrongful death. Contact us today for a free consultation. 803.252.4800.

Tracy Morgan Fighting Traumatic Brain Injury After Car Accident

traumatic brain injury

Tracy Morgan May Not Be The Same Due to Traumatic Brain Injury Following Car Accident

traumatic brain injuryAttorney for comedian Tracy Morgan says his client is struggling to recover from a traumatic brain injury after his car accident involving a tractor trailer over the summer, and he may never be the same again.

Five months after the car accident with a tractor trailer working for Walmart, star of hit comedy series “30 Rock” may not have suffered just a broken nose, leg, and ribs, but also a traumatic brain injury.

The tractor trailer accident also killed one of Morgan’s friends and fellow comedian James McNair, who performed under the name Jimmy Mack.

“Mr. Morgan is a fighter,” Benedict Morelli, Morgan’s attorney, said in an interview. “He’s fighting to get better. And if there’s a chance for him to be back to the Tracy Morgan he once was, he’s going to try to do that. But we just don’t know because of the severity of the injuries that he sustained and the fact that he had such a severe brain injury.”

About 1 AM on Saturday, June 7th, Tracy Morgan’s limo van was hit by Roper’s truck on the New Jersey Turnpike. The collision killed one of Morgan’s fellow comedian passengers, James McNair, who performed under the name Jimmy Mack. Reportedly, 35-year-old truck driver Kevin Roper had been awake for 24 consecutive hours before causing the tractor trailer accident.

After Tracy Morgan filed a personal injury lawsuit against Walmart for negligence on the part of their employee, the company stated in September that the lawsuit was unfounded.

“Upon information and belief, plaintiffs’ injuries, if any, were caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seat belt restraint device,” Walmart’s court papers said.

On Tuesday, November 18th, Morelli and attorneys for Walmart met for a scheduling conference. Morelli stated the extent of Morgan’s injuries, including signs of what could be a traumatic brain injury, which could mean the comedian would never fully recover, continue his popular career, and would need a lifetime of medical attention.

“When you have a traumatic brain injury, it takes a very long time to find out how you’re going to do and how much you’re going to recover,” Morelli said. “So that’s where he is. He’s still fighting and trying to live his life at the same time and trying to get better, and he’s just not better. We’re hoping and praying to get him back to where he was.”

The Strom Law Firm Can Help Traumatic Brain Injury Victims

Traumatic brain injuries occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.

Traumatic brain injury may be the result of a:

For many victims, a traumatic brain injury is not immediately noticeable. A great amount of force does not need to be applied to sustain a head injury.

If you or a loved one have suffered a traumatic brain injury as the result of an accident, defective product, or negligence, the Strom Law Firm can help. We understand the emotional and financial impact of serious personal injuries. Our firm offers free consultations to discuss the facts of your case, so do not hesitate to contact us. 803.252.4800.