Wal-Mart Faces Liability in New Jersey Fatal Truck Accident that Injured Actor Tracy Morgan
Actor and comedian Tracy Morgan, former star of hit television shows Saturday Night Live and 30 Rock, is suing Wal-Mart for injuries sustained in a traffic collision that occurred last month when Morgan’s limousine was struck by a semi tractor-trailer on the New Jersey Turnpike, an accident which took the life of fellow comedian James McNair (Jimmy Mack) and also injured fellow passengers Ardley Fuqua and Jeffrey Millea, who are also named as plaintiffs in the lawsuit.
As the owner and operator of the truck, Wal-Mart is being sued for the negligence of the driver. Under New Jersey law, employers may be held liable in civil court for the negligence of their employees acting in the course of their employment. Damages may include all present and future medical expenses arising from the accident, as well as lost wages and pain and suffering. If the accident significantly disrupts Morgan’s comedy or acting career, or limits his ability to perform as before, the amount of compensation due could be substantial. The family of James McNair may also be able to bring a wrongful death lawsuit against Wal-Mart and the driver of the truck.
The driver, 35-year-old Kevin Roper of Jonesboro, Georgia, is being charged with Death by Auto and Assault by Auto in New Jersey criminal court. The criminal complaint filed against him alleges that Roper had not slept for more than 24 hours prior to the crash, which is in violation of New Jersey state law.
Roper may also have been in violation of regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA). FMCSA regulations allow a trucker’s workday to extend up to 14 hours, but the driver is only allowed behind the wheel for a maximum of 11 hours in that 14-hour period. It appears that Roper had been on duty for 13 ½ hours at the time of the crash, although it is unclear how much driving he had accomplished in that space of time.
The rear-end collision is being attributed to a combination of lack of sleep and speeding. According to a Fox News report, the driver had gone without sleep for more than 24 hours before the crash. Another report by CNN reveals a finding of federal transportation safety investigators that the driver was exceeding the speed limit by more than 20 miles per hour at the time of the accident. The driver was traveling at 65 mph when he rear-ended Morgan’s limo; the normal speed limit on that part of the turnpike is 55 mph, but it had been decreased to 45 mph at the time of the accident due to construction in the area.
