Tracy Morgan Filed Personal Injury Lawsuit After Trucking Accident, Walmart Claims Morgan is At Fault
After a terrible trucking accident involving comedian Tracy Morgan’s limousine and a Walmart truck, which severely injured Morgan and killed one of his friends, the comedian filed a personal injury lawsuit against the retail giant.
Now, Walmart claims that the personal injury lawsuit is unfounded, because Morgan and his friend were not wearing seat belts at the time of the trucking accident.
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.
“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.” Roper also faced criminal charges for causing the trucking accident.
Morgan argues in his personal injury lawsuit that Walmart was culpable because Roper had been awake for 24 hours, which is often a truck driver’s response to company pressure. His commute of 700 miles – from Georgia to Delaware – was “unreasonable.” Morgan suffered a broken leg and broken ribs, and reportedly needed several weeks in a hospital and a rehabilitation facility to recover.
In their response to Morgan’s personal injury lawsuit on Monday, September 29th, however, Walmart denied that the crash injuries were due to negligence on their part.
“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.
“By failing to exercise ordinary care in making use of available seat belts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs’ own best interests,” the defense’s response continued. “Accordingly, all or a portion of the injuries could have been diminished or minimized by the exercise of reasonable conduct in using the available seat belts.”
Trucking Accidents Can Cause Serious Personal 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,
- 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.