Tracy Morgan Files Trucking Accident Lawsuit after Release from Hospital
Comedian Tracy Morgan has been released from the hospital to an aggressive outpatient treatment program after the limousine he and several others were riding in was hit by a tractor-trailer. Mr. Morgan also has filed a personal injury lawsuit related to the injuries he suffered when the vehicle he was traveling in was struck by a Wal-Mart truck. He reportedly suffered broken ribs, a broken leg and other injuries. Comedian James McNair, whose stage name was Jimmy Mack, died in the crash. Two other vehicle occupants, comedian Ardley Fuqua and another passenger Jeffrey Millea, were also injured in the wreck.
As with many trucking accident lawsuits, allegations of driver fatigue constitute a key aspect of the negligence claim against the driver and Wal-Mart. A criminal complaint filed against the truck driver, Keven Roper of Jonesboro, Georgia, contends the driver did not sleep for more than a 24 hour period prior to the crash. The civil complaint alleges that the collision was caused by driver fatigue and that the driver actually fell asleep behind the wheel immediately before the collision. The complaint further alleges that the truck driver’s commute of 700 miles from his home in Georgia to Delaware is “unreasonable”. The lawsuit seeks both compensatory and punitive damages. The lawsuit alleges that Wal-Mart engaged in “gross, reckless, willful, wanton and intentional conduct,” so punitive damages should be awarded to punish Wal-Mart.
According to a report by federal transportation safety investigators, Roper was driving 65 miles per hour during the sixty seconds prior to the tractor-trailer crash. The posted speed limit on the stretch of the turnpike where the trucking accident occurred was normally 55 miles per hour, but it was reduced to 45 miles per hour on the night of the crash because of construction.
While it might seem apparent that Wal-Mart is at-fault for the accident since it owned the truck and employed the driver, an experienced trucking accident lawyer recognizes that these cases are usually complicated, and that trucking companies are experienced at defending these claims. While tractor-trailer crashes are motor vehicle accidents, they are not nearly as straightforward as most auto accident collisions. By way of example only, in trucking accidents, there are often multiple levels of liability and more than one responsible party. The potential parties that can be responsible for a trucking accident may include the driver of the tractor-trailer, the owner of the semi-truck, the public entity that maintains the roadway, the manufacturer of the truck and components, the owner of the trailer and the shipper that loads the cargo.
If you or a family member is injured in a trucking accident, our experienced Atlanta trucking accident attorneys investigate our clients’ cases, so we can identify all appropriate defendants and forms of negligent conduct.
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