The New York Times reported that comedian Tracy Morgan has filed a lawsuit against Walmart due to the deadly truck accident that killed a member of his entourage, and left Morgan critically injured earlier last month. Reportedly, the lawsuit claims that the Walmart truck driver’s negligence led to the fatal trucking accident, which killed Morgan’s friend, and fellow comedian, Jimmy Mack. The lawsuit, which was filed in the United States District Court in New Jersey, claims that Walmart was negligence in the supervision of their truck and driver, which was a substantial factor in the fatal accident.
The complaint alleges that truck driver, Kevin Roper, had not slept in more than twenty-four hours, in violation of Walmart policy, and federal trucking regulations. It appears that Morgan may have a favorable case against Walmart, which will likely cause the case to settle out of court. Apparently, Walmart allowed Roper to drive more than 700 miles from his home to the distribution center in order to begin his route.
The drive from Roper’s home to the distribution center would have taken almost 12 hours, meaning that by the time Roper started his distribution route, he would have already been experiencing some amount of fatigue. The suit alleges that Walmart was negligent in allowing Roper to drive under such circumstances, and that Roper’s fatigue was a major, if not the sole contributing factor in the fatal truck accident.
Legal Analysis Trucking accidents are, unfortunately, very common, especially in Texas, where there are more semi-trucks on the road than nearly any other state. These trucking accidents usually cause catastrophic injuries, and in many cases result in death. While the truck driver, Kevin Roper, is facing criminal charges for negligent homicide, Tracy Morgan and others involved in the truck accident have elected to bring a civil suit against Walmart for their negligence.
A successful civil lawsuit enables the survivors, along with certain family members of the deceased, to recover monetary awards for medical expenses and pain and suffering, along with other economic damages suffered as a result of the accident. This includes lost wages, including future earnings of the deceased. The lawsuit also seeks a jury trial and punitive and compensatory damages on behalf of those who were injured or suffered because of the accident.
If you, a friend, or family member has been involved in a similar serious automobile or truck accident, contact the experienced injury attorneys of Barrus Law Group. Our injury website includes helpful information to assist victims following a serious accident. If you would like to speak with a San Antonio truck accident lawyer with our firm for a free consultation, contact us here.
About the Author Stacey M. Barrus is a Texas personal injury lawyer who focuses on representing victims and their families following trucking and automobile accidents, product liability, and medical negligence claims in San Antonio, and throughout Texas. Mr. Barrus has resolved many serious car accident cases and trucking accident cases for his clients, including company vehicle accidents, helping them to recover the compensation they deserve following a serious accident.
Mr. Barrus is licensed to practice in the state of Texas, as well as the United States District Court. He is a member of the San Antonio Trial Lawyers Association, as well as Texas Trial Lawyers Association.
