Comedian Tracy Morgan’s bus accident made national headlines. The accident on the New Jersey turnpike killed his friend and fellow comedian James Mcnair and seriously injured Morgan and two other passengers.
Now the comedian is not joking about a suit against Walmart for the accident.
Morgan is accusing the giant retailer of negligence for allowing their driver to get behind the wheel when he should have been resting.
Morgan alleges that Walmart driver Kevin Roper plowed his truck into the van that held Morgan, Mcnair and a few others as passengers and that the accident was caused due to Mcnair being sleep deprived. It appears that Roper had been up for more than 24 hours, but Walmart still allowed him to drive their truck.
Following the accident, Roper was arrested for several charges including death by auto. He pleaded not guilty to all charges.
Accusing someone of negligence can be tricky. There are different types of negligence. There is contributory negligence, comparative negligence, and then plain negligence. Each type is treated a bit differently in law and each state has their own definitions and rules as to how negligence claims are handled.
In the case with Tracy Morgan, they are accusing Walmart of negligence because they had a duty of care in that they must only allow drivers that meet certain criteria to drive their trucks. The fact that they allowed an overtired driver to drive breached that duty of care. The fact that Roper drove the truck suggests he share responsibility of negligence.
Personal injury cases that allege more than one person is responsible are complex and require an expert in the field to navigate through all of the finger pointing and get down to the bottom of who is to blame. Parties file claims to be reimbursed for medical expenses and lost wages, but they are also able to claim future lost wages and medical expenses, consortium and any permanent disabilities that were caused by the accident. Determining which Defendant pays what to the victims is up to the court to decide so having a good personal injury attorney is essential in protecting a victim’s rights and ensuring compensation is fair.
The Christmas Law Firm has more than 30 years of combined legal experience representing people who have been seriously injured in the Charleston area. We have the dedication and knowledge to help you recover losses suffered as the result of someone else’s negligence. If you have been injured in an accident, call us. We can help.