Comedian Tracy Morgan has filed a lawsuit against national retailer Walmart following a truck accident that injured Morgan and several others, as well as killed another comedian. The truck accident that left Morgan with broken ribs, a broken nose and broken leg occurred in a nearby East Coast state. The truck accident occurred when the truck rear-ended Morgan’s vehicle. According to a preliminary report of the accident from the National Transportation Safety Board, the driver of the truck was 20 miles over the speed limit at the time of the accident and was nearing the maximum drive-time limit. The truck driver has been charged with vehicular homicide and assault by auto.
Morgan’s lawsuit alleges that the negligence of Walmart contributed to causing Morgan’s injuries. Morgan was recently released from the rehabilitation center he entered following his time in the hospital after the accident. His representative noted that he will continue with an “aggressive outpatient program” at home to continue his recovery. Walmart has expressed a commitment to both the ongoing investigation and doing the right thing pending the outcome of the investigation.
Whenever a victim has been injured in a truck accident by the negligence of a truck driver or truck company, the victim may have a claim for compensation of the damages the victim has suffered. Negligence can be established a variety of ways and can include possibly through violations of federal trucking regulations or if the truck driver was speeding, acting as an inattentive truck driver or experiencing truck driver fatigue at the time of the semi-truck accident. In some circumstances, both the truck driver and truck company may be liable to the victim for damages.
Truck accidents can cause serious injuries and harm, as they are often catastrophic accidents. The legal system is aware of this and, because of that awareness, seeks to protect victims from damages suffered in truck accidents.
Source: CNN, “Tracy Morgan sues Walmart over deadly crash; comic released from rehab center,” Laura Smith-Spark, et al., July 13, 2014