Settlement Talks Begin in Comedian’s Wrongful Death Lawsuit Tied to Tracy Morgan Walmart Crash

wrongful death lawsuit

“Jimmy Mack” Family Begins Settlement Talks in Wrongful Death Lawsuit Filed After Tracy Morgan Walmart Car Accident

wrongful death lawsuitIn June of last year, comedians Tracy Morgan and James “Jimmy Mack” McNair were involved in a severe car accident with a Walmart truck, which killed McNair and left Morgan with a serious traumatic brain injury.

About 1 AM on Saturday, June 7th, 2014, Tracy Morgan’s limo van was hit by a Walmart truck on the New Jersey Turnpike. McNair died in the car accident, and Morgan was hospitalized with a broken nose, broken ribs, broken leg, and a traumatic brain injury that left him spending at least 5 months at a skilled nursing facility undergoing physical therapy. Morgan reportedly still suffers physical and mental difficulties due to the tractor trailer accident.

Reportedly, 35-year-old truck driver Kevin Roper had been awake for 24 consecutive hours before causing the tractor trailer accident. Morgan and McNair’s family filed separate lawsuits – Morgan filed a personal injury lawsuit against Walmart for negligence, and McNair’s family filed a wrongful death lawsuit against the retail giant.

The 62-year-old McNair grew up with Morgan in Peekskill, NJ, and was a friend and mentor for decades.

Although Walmart refutes the validity of Morgan’s personal injury lawsuit, the retailer reportedly has begun settlement talks in the wrongful death lawsuit for McNair, which involved McNair’s two children – 26-year-old Jamel, and 19-year-old Danita.

“Nothing will bring back their father,” the family’s attorney said. “But this settlement takes care of them and allows them to carry on their father’s legacy.”

“You don’t have to be a celebrity to make a difference in a lot of people’s lives,” Jamel McNair said. “My dad made a huge difference in a lot of people’s lives.

The terms of the wrongful death lawsuit settlement have not been publicized, and so far Tracy Morgan has not commented on Walmart’s offer. When Morgan filed his own personal injury lawsuit last November, the retailer tried to blame the accident on Morgan and McNair, claiming that their limousine was erratic or dangerous in some way. However, criminal filings against Roper, the tractor trailer driver, allege that he was driving between 60 and 65 miles per hour on the New Jersey Turnpike, which normally has a speed limit of only 55 mph, and at that time had reduced the speed limit to 45 mph due to construction.

“After I heard what Walmart said in court I felt I had to speak out,” Morgan said after the personal injury filing. “I can’t believe Walmart is blaming me for an accident that they caused. My friends and I were doing nothing wrong. I want to thank my fans for sticking with me during this difficult time. I love you all. I’m fighting hard every day to get back.”

The Strom Law Firm Can Help You with Your Wrongful Death Claim

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

Common wrongful death claims arise as a result of a:

A South Carolina wrongful death lawsuit seeks compensation for:

  • medical bills and funeral expenses
  • loss of income
  • loss of consortium and loss of support.

Depending upon the circumstances, our South Carolina wrongful death attorneys may also assert a claim for punitive damages intended to punish the wrongdoer and discourage others from engaging in such behavior.

If a loved one is the victim of a wrongful death, through no fault of your own, we may be able to 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.

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.

Distracted Driving and Tractor Trailers Don’t Mix

tractor trailer

Distracted Driving Leads to Tractor Trailer Accident off Maine Highway

tractor trailerOn Monday, October 27th, a tractor trailer ran off the road and leaked fuel into the mud after crashing. State troopers say the accident was caused by distracted driving.

Reportedly, the driver, Steven Haggan, was unfamiliar with the type of tractor trailer he had been assigned, and became distracted while trying to find the switch to de-fog the side mirrors. The truck, full of wood chips, drifted off the road, but Haggan didn’t notice until he hit the rumble strip. He did not have time to prevent the distracted driving crash by that point, and ran into some trees along the side of the road.

Haggan was not injured, and the Department of Transportation and Department of Environmental Protection were called to the scene of the tractor trailer accident to clean up. Haggan has been issued a summons for distracted driving.

Tractor Trailer Spills Frozen French Fries After Distracted Driving Leads to Accident

Another distracted driving accident in Maine, which occurred over the weekend, involved a tractor trailer carrying frozen French fries.

Charles O’Halloran was driving the refrigerated truck near Bangor, when he reportedly became distracted by a water bottle in the cab, which caused him to run over the side of the road and into a stand of trees, spilling the fries across the road.

The Maine Department of Agriculture officially condemned the thousands of pounds of spilled fries, which were then hauled to the local dump.

Distracted Driving Accidents and Injuries in South Carolina

According to statistics from the National Highway Traffic Safety Administration (NHTSA), in 2012, 421,000 people were injured in car accidents involving a distracted driver; 3,300 of those people died from their injuries. Research from the University of Buffalo suggests that as much as 10% of pedestrian visits to the emergency room are caused by distracted drivers. The Department of Transportation estimates that, despite multiple reports of how deadly distracted driving can be, as many as 660,000 Americans are on their phones in some form while driving, every single day.

Distracted driving includes:

  • texting and driving
  • talking on or playing with a cell phone
  • eating or drinking
  • talking to passengers
  • grooming or putting on makeup
  • reading books, newspapers, or even a map
  • using a PDA or navigation system
  • watching a video or playing on a computer or tablet
  • playing with the radio, a CD or an iPod

It’s a common occurrence to see distracted drivers cruising down South Carolina roads and interstates.  Whether the distraction is eating, putting on makeup, talking on a cellphone, or even just daydreaming, the effects of a South Carolina distracted driving accident can result in life altering and even deadly consequences.

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.

Wal-Mart Trucking Accident Caused Tracy Morgan Crash

trucking accident

Driver that Caused Trucking Accident Involving Tracy Morgan Had Been Awake Too Long

trucking accidentIn the early morning on Saturday, June 7th, a driver caused a serious trucking accident that severely injured comedian Tracy Morgan and killed one of the other passengers in his vehicle.

Reportedly, 35-year-old truck driver Kevin Roper had been awake for 24 consecutive hours before causing the tractor trailer accident. The Jonesboro, GA resident, who drives trucks for Walmart, has been charged with death by automobile and aggravated assault  by auto.

“This is a tragedy, and we are profoundly sorry that one of our trucks was involved,” Bill Simon, president and CEO of Walmart U.S., said in a statement. “The facts are continuing to unfold. If it’s determined that our truck caused the accident, Walmart will take full responsibility.”

About 1 AM on Saturday, 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.

Tracy Morgan is reportedly in critical condition after the trucking accident, but is “more responsive, which is an incredibly encouraging sign,” publicist Lewis Kay said Sunday.

Roper turned himself in to police after the trucking accident, and was released on $50,000 bail on Saturday night.

“The driver of the tractor-trailer failed to observe slow-moving traffic ahead,” said Sgt. Gregory Williams of New Jersey State Police. “At the last minute, he swerved to try and avoid the Mercedes limo bus but struck it from behind, forcing the limo to rotate and overturn.”

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 lawyersWhether you were injured in a bus accident, tractor trailer accident, or any other commercial vehicle accident, we can help.

Commercial Trucking Accident Lawyers

18 Wheeler Accidents

18 Wheeler 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.

Injuries sustain in these types of accidents can be disabling. Accidents involving heavy commercial vehicles can cause:

  • Hospitalization
  • Rehabilitation
  • Job loss
  • Extended leave of absence
  • Family issues

These are just a few of many problems that can result from a serious injury involving an accident with commercial trucking.

Our attorneys can help you gain the compensation you deserve. We understand how to analyze the employment, corporate, and contractual relationships, and we may be able to reveal many more defendants who are responsible for compensating you for your damages.

Whether you were injured in a bus accident, tractor trailer accident, or any other commercial trucking accident, we can help.

With careful analysis and investigation we will look at critical factors including:

  • Commericial truck crash cases
  • Maintenance and equipment records for the vehicle
  • Oversize and overweight loads
  • Weather, road, and grade conditions
  • Drivers’ conditions

We can also analyze the many layers of insurance coverage for corporate defendants.

Do not hesitate to contact us concerning injuries you may have received as a result of a commercial trucking accident. Trucking companies are aggressive in their representation. Protect your rights by hiring an experienced attorney.

Contact the Strom Law Firm at 803-252-4800.

Trucking Accident Nets $3 Million Dollar Reward

trucking-accidentA federal jury has awarded $3 million to the family of a 33-year-old-man killed in a tractor trailer accident two years ago in Florida on Interstate 95.

The verdict came down in U.S. District Court by the jury for the death of Julio Rentas, Jr.

In 2009, one commercial tractor trailer was merging onto the interstate for the emergency lane, but failed to yield the right of way.  The victim, who was driving a tandem tractor-trailer, hit the back of the merging truck. Continue reading “Trucking Accident Nets $3 Million Dollar Reward”

Multi-Car Crash on I-26; Westbound lane closed

Strom Law Tractor Trailer Accident Attorneys

WIS-TV.com reports that a multi-car accident has left the westbound lane of I-26 closed. The accident happened around 9:00 AM close to mile marker 121. The accident left one person dead and four injured.

The westbound lane of I-26 is was closed due to battery fluid on the road leaked by a tractor trailer involved in the wreck.

The Times and Democrat reports that the accident involved three tractor trailers and two cars. Sources for The Times and Democrat said that one tractor trailer may have lost control in the eastbound lane, crossed the median and struck oncoming traffic in the westbound lane.  The accident is under investigation and it is not clear as to what caused the driver of the 18 wheeler to lose control.  

Tractor trailer accidents can result in devastating injuries or even death. It is important to contact an experienced attorney after a loved one is injured or killed as a result of a trucking accident. Rest assured that immediately after such an accident, the trucking company will send its attorney to the scene. You need to have the same competent representation.

At Strom Law Firm, our attorneys have a substantial amount of experience dealing with car accidents of all types and represent clients throughout the state of South Carolina who have been seriously harmed by negligent drivers. As an experienced firm, we know that many injuries do not appear serious at first but that they may, in fact, plague someone for life. Our attorneys and support staff are experienced in this regard and can aggressively pursue compensation for all your injuries, both current and future.

If you are injured, the best thing that you can do is consult your family doctor and follow his or her suggested course of treatment. 

Have questions? The Strom Law Firm, LLC offers a  free consultation with our personal injury attorneys.  Call us today to see how we can help.