Tracy Morgan -- Sues Walmart Over Crash ... You Overwork Your Drivers

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Anchorman's Comment
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Tracy Morgan -- Sues Walmart Over Crash ... You Overwork Your Drivers

Tracy Morgan was severely injured because Walmart allowed one of its drivers to become so exhausted behind the wheel an accident was destined to happen ... so claims Morgan in a new lawsuit.

Morgan filed suit in New Jersey alleging the company should never have allowed truck driver Kevin Roper to drive for nearly 10 hours straight after being awake for more than 24 hours.

The suit -- reported in the NY Post -- claims Tracy sustained, "severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.”

According to the lawsuit ... Roper had driven 700 miles from his home to the Walmart distribution center before beginning his fatal drive.  One person died when Roper was tooling along in his tractor-trailer at 65 in a 45 MPH zone and slammed into the SUV.

Roper pled not guilty to charges of death by auto. Morgan was released from the hospital last month, but he's still at a physical rehabilitation center.

Tracy -- and 3 other plaintiffs -- are seeking unspecified damages.

Walmart tells us, "As we’ve said, we’re cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we’re committed to doing the right thing for all involved."

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
HAMMERTIME's Comment
member avatar

Tracy Morgan -- Sues Walmart Over Crash ... You Overwork Your Drivers

Tracy Morgan was severely injured because Walmart allowed one of its drivers to become so exhausted behind the wheel an accident was destined to happen ... so claims Morgan in a new lawsuit.

Morgan filed suit in New Jersey alleging the company should never have allowed truck driver Kevin Roper to drive for nearly 10 hours straight after being awake for more than 24 hours.

The suit -- reported in the NY Post -- claims Tracy sustained, "severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.”

According to the lawsuit ... Roper had driven 700 miles from his home to the Walmart distribution center before beginning his fatal drive.  One person died when Roper was tooling along in his tractor-trailer at 65 in a 45 MPH zone and slammed into the SUV.

Roper pled not guilty to charges of death by auto. Morgan was released from the hospital last month, but he's still at a physical rehabilitation center.

Tracy -- and 3 other plaintiffs -- are seeking unspecified damages.

Walmart tells us, "As we’ve said, we’re cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we’re committed to doing the right thing for all involved."

Walmart can't take the blame for all of this, the driver has to be accountable for his poor decision in choosing to drive after being awake for so long. I feel like the Driver is all about putting the blame on someone else because he messed up and doesn't wanna do the jail time. If my dispatchers asked me to do something similar to this I would easily say "NO!"

As we all say time and time again, only we as Drivers know when its safe to drive or not. So when you choose to drive and you mess up, its your own fault.

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Gunner's Comment
member avatar

Tracy Morgan -- Sues Walmart Over Crash ... You Overwork Your Drivers

Tracy Morgan was severely injured because Walmart allowed one of its drivers to become so exhausted behind the wheel an accident was destined to happen ... so claims Morgan in a new lawsuit.

Morgan filed suit in New Jersey alleging the company should never have allowed truck driver Kevin Roper to drive for nearly 10 hours straight after being awake for more than 24 hours.

The suit -- reported in the NY Post -- claims Tracy sustained, "severe painful bodily injuries, including but not limited to multiple fractures which required multiple surgeries, extensive medical treatment and will require significant physical rehabilitation.”

According to the lawsuit ... Roper had driven 700 miles from his home to the Walmart distribution center before beginning his fatal drive.  One person died when Roper was tooling along in his tractor-trailer at 65 in a 45 MPH zone and slammed into the SUV.

Roper pled not guilty to charges of death by auto. Morgan was released from the hospital last month, but he's still at a physical rehabilitation center.

Tracy -- and 3 other plaintiffs -- are seeking unspecified damages.

Walmart tells us, "As we’ve said, we’re cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we’re committed to doing the right thing for all involved."

Im pretty sure the driver was doing 20mph over the limit too so I think there is more to it than simple sleep deprevation. Sounds more like careless driving

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
guyjax(Guy Hodges)'s Comment
member avatar

Wal Mart did not tell this driver to drive the truck. He made a conscious decision to get behind the wheel instead of letting his company know he was to tired to drive. I hope he gets the full amount of time allowed by law. Only way to keep stupid off the street is to lock it up.

Unfortunately Wal Mart will settle out of court most likely to avoid bad publicity. And it's not about money. Tracy Morgan does not need the money.

Thing is Wal Mart will have to pay the price because an adult could not admit he was to tired to drive.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Gary A.'s Comment
member avatar

We were discussing this in class. Our instructor actually had a copy of the investigator's report. The logs showed he was in compliance. He had only a little over thirty minutes before he would've violated the 14 hour rule, we figured he got on the turnpike in hopes of finding a place to PARK his rig-The RIGHT lane was closed, and we (conjecture of course) surmised that the driver came up on the backed up traffic too fast, and the driver of the Limo pulled into the LEFT lane to avoid the traffic, giving Mr. Wal-Mart NO time to stop. ANYWAY the report is available on-line:

NTSB Preliminary Report

Andrew's Comment
member avatar

Wal Mart did not tell this driver to drive the truck. He made a conscious decision to get behind the wheel instead of letting his company know he was to tired to drive. I hope he gets the full amount of time allowed by law. Only way to keep stupid off the street is to lock it up.

Unfortunately Wal Mart will settle out of court most likely to avoid bad publicity. And it's not about money. Tracy Morgan does not need the money.

Thing is Wal Mart will have to pay the price because an adult could not admit he was to tired to drive.

Do companies hold it against drivers when they refuse to drive?

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Brett Aquila's Comment
member avatar

This is why hiring standards are so strict in trucking. Regardless of how negligent a driver may be, the overwhelming majority of the time the entity responsible is the one whose name is on the door. That's also why they've continued to evolve ways for tracking a driver's performance. Companies need the best information they can get on a person before making a hiring decision. So the background checks are thorough. Also, nowadays a driver's record will follow them from company to company. Anytime you get a ticket, get in an accident, or fail a roadside inspection it will count against your CSA score which is maintained by the Feds.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Anchorman's Comment
member avatar

Walmart blames Tracy Morgan for not wearing seatbelt

The legal battle between Tracy Morgan and Walmart over a calamitous collision with a Walmart truck earlier this year is not going to be resolved amicably or soon, judging from latest legal maneuvers.

Walmart is blaming Morgan for his own injuries in the crash, claiming he was not wearing a seatbelt in the New Jersey Turnpike collision in June that killed one man and left the 30 Rock comedian/actor and others badly injured.

Morgan and others hurt in the crash are suing Walmart in federal court, accusing the corporate giant of negligence for allegedly allowing the truck driver to drive hundreds of miles while fatigued.

The collision is still under investigation by the Department of Transportation and Walmart isn't answering that charge until it's finished. The driver of the Walmart truck has pleaded not guilty to vehicular homicide and assault by auto.

But in court papers on Monday the company asserted, among other defenses, that Morgan's injuries "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device," according toThe Hollywood Reporter and TMZ.

Therefore, the company says, the plaintiffs aren't entitled to damages because they "failed to mitigate their losses."

Morgan was a passenger in a limo bus involved in the six-car pile-up on June 7. He and three others were critically injured, and one fellow passenger, comedian James McNair, 62, was killed.

Morgan spent days in intensive care and weeks in rehab and still is not completely recovered. His lawyers say it may be months before he can fully walk again.

OWI:

Operating While Intoxicated

Brian W.'s Comment
member avatar

Walmart blames Tracy Morgan for not wearing seatbelt

The legal battle between Tracy Morgan and Walmart over a calamitous collision with a Walmart truck earlier this year is not going to be resolved amicably or soon, judging from latest legal maneuvers.

Walmart is blaming Morgan for his own injuries in the crash, claiming he was not wearing a seatbelt in the New Jersey Turnpike collision in June that killed one man and left the 30 Rock comedian/actor and others badly injured.

Morgan and others hurt in the crash are suing Walmart in federal court, accusing the corporate giant of negligence for allegedly allowing the truck driver to drive hundreds of miles while fatigued.

The collision is still under investigation by the Department of Transportation and Walmart isn't answering that charge until it's finished. The driver of the Walmart truck has pleaded not guilty to vehicular homicide and assault by auto.

But in court papers on Monday the company asserted, among other defenses, that Morgan's injuries "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device," according toThe Hollywood Reporter and TMZ.

Therefore, the company says, the plaintiffs aren't entitled to damages because they "failed to mitigate their losses."

Morgan was a passenger in a limo bus involved in the six-car pile-up on June 7. He and three others were critically injured, and one fellow passenger, comedian James McNair, 62, was killed.

Morgan spent days in intensive care and weeks in rehab and still is not completely recovered. His lawyers say it may be months before he can fully walk again.

Dont know anyone personally that wears a seatbelt in the back of the limo. This reference is baseless for 2 points.1) If Wal-Mart hadnt struck said limo(at 20 mph above speed limit) seatbelts wouldn't have been an issue. 2nd) It is a passenger vehicle which like buses do not require individuals to wear them, only the driver. This stepping back from wal-mart from at first stating that would accept full liability and now trying to throw some of the blame on to the victims would make me ask for even more because of mental anquish. You know it is not like they are going to bankrupt Wally world.

OWI:

Operating While Intoxicated

guyjax(Guy Hodges)'s Comment
member avatar

Its called legal maneuvering. Every lawyer in every major court case does this and you should not read anything into it. What they are calling a limo is nothing more than a passenger van and yes they do have seat belts on those type of vans. No one wears them but they are there if people want to wear them.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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