Tracy Morgan, the well known actor and comedian, was seriously injured in a tractor trailer crash this past summer. The accident happened when a Wal-Mart tractor trailer, travelling above the speed limit, pummeled into the limousine carrying Tracy Morgan and several of his comedian friends and assistants. Morgan sustained serious injuries in the crash, including multiple broken bones, and required extensive time in the hospital. He is still continuing rehabilitation due to his injuries. Fellow comedian and friend James McNair died in the accident.
This past July, Tracy Morgan filed a personal injury suit against Wal-Mart in a U.S. District Court in New Jersey. In the suit, Morgan claimed that the Wal-Mart driver who crashed into the limousine acted negligently in causing the accident, as the driver was both speeding and had been awake for 24 plus hours before the fatal accident. Morgan further asserts that the employer, Wal-Mart, knew or should have known that the at-fault driver was unsafe on the roadways because he had not slept in over 24 hours.
This lawsuit, filed now months ago, has heated up in the past few weeks. Wal-Mart is now asserting that Tracy Morgan shared contributory negligence for the crash because he was not wearing a seatbelt at the time of the accident.
Most of the public knows that limousine buses rarely come equipped with seatbelts and even in those that do have seatbelts, passengers infrequently use them. Similarly, most school buses do not have seatbelts and children rarely use them when present. As such, critics of Wal-Mart have heavily criticized the giant company’s latest attempt to place blame on the plaintiff.
Comparative and contributory negligence are defenses that can minimize a defendant’s degree of fault in some accidents, shifting partial blame to the plaintiff. These principals allow fault to be shared between both parties, but the cause of action will be allowed to continue. If the plaintiff is found to be partly at fault for the accident, his or her recovery will be reduced by his or her percentage of fault.
When, as in this case, the defendant puts forth a claim of contributory or comparative negligence, the burden then shifts to the plaintiff to prove they did not act in a negligent manner. Accordingly, it is now up to Morgan to prove that failing to wear a seatbelt in the limo bus was not negligent, or did not contribute to the accidents or injuries.
As the Tracy Morgan case highlights, truck accidents come with complex issues of negligence and liability. Anyone involved in a truck accident should seek the representation of an experienced truck accident attorney as soon as possible to protect their legal rights.
Barrett Law PLLC: Mississippi Truck Accident Attorneys Aggressively Assisting the Victims of Truck Driver or Trucking Company Negligence
The Tracy Morgan crash, which severely injured comedian Tracy Morgan and claimed the life of his friend, has brought the nation’s attention to the very real dangers of tired truck drivers. Truck drivers who operate massive tractor trailers with little sleep pose a threat to all drivers on the roadways across the U.S. The Tracy Morgan lawsuit now holds the potential to influence reform in the trucking industry and perhaps lead to increased regulation of trucker’s sleep and work hours. The Mississippi Truck Accident Attorneys at Barrett Law PLLC have fought for the safety of Mississippi drivers for over 75 years. We wish to assist all truck accident victims in holding the negligent truckers and trucking company’s responsible for their accidents accountable. If you or a loved one has been injured in a truck accident, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation. We look forward to providing you with exemplary legal services.
