Walmart is now facing a lawsuit after the tragic trucking accident that left comedian Tracy Morgan severely injured and killed another passenger. The New Jersey accident in June made national headlines after a truck driver slammed a tractor trailer into the rear end of the comedian’s limousine. The lawsuit, filed on July 10th in the U.S. District Court in New Jersey, was filed by Morgan and three other survivors, naming Walmart as the defendant. According to the complaint, Walmart was negligent and responsible for the driver that slammed into the limousine.
In the event of a trucking accident, it is important to conduct an independent investigation to determine the cause of the accident and identify all responsible parties. Our Broward County car accident attorneys are dedicated to uncovering the facts about every case and in identifying negligent individuals and entities. In the event that a vehicle was owned by a defendant company, such as Walmart, it is important to consult with experienced advocates who can move aggressively to protect your rights. In such cases, the driver is considered an agent of the company and both can be held liable for accidents and injuries.
The complaint states that, “Walmart knew or should have known,” that the 35-year-old Georgia driver had been awake for more than 24 consecutive hours at the time of the crash. Federal trucking regulations restrict the number of hours a driver can be behind the wheel without rest. Any violation of a federal trucking regulation can be used as evidence of negligence in a personal injury claim. Initial investigations revealed that the driver had not slept for nearly 24 hours before the crash. He was arrested after a warrant was issued in the wake of the collision.
In addition to civil claims brought against the driver, New Jersey law enforcement has also found the driver to be criminally liable. The state has filed charges against the driver, including one count of death by auto and four counts of assault by auto. The driver has entered a not guilty plea. In the event that the driver is found guilty in the criminal matter, the case can be used as evidence of negligence in a civil court.
In high profile and fatal traffic accidents, the federal National Highway Transportation Safety Administration will conduct an investigation to determine the cause of the accident and identify responsible parties. According to a report released last month, the driver was traveling at 20 miles per hour above the speed limit on the New Jersey Turnpike when the tractor-trailer struck the rear of the Mercedes limousine van. Tracy Morgan suffered multiple fractures that required several surgeries. According to reports, Morgan has been released from the rehabilitation center and will continue his recovery at home. In addition to rehabilitation that he has already completed, the comedian will also undergo aggressive outpatient treatment. The lawsuit also names additional plaintiffs, including Morgan’s wife, who was eight months pregnant at the time of the accident. The tragic collision also killed comedian James McNair, aged 63, who was better known by his stage name Jimmy Mack.
Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your Fort Lauderdale car accident injuries.
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