What Lessons Can NJ Truck Accident Survivors Take from Tracy Morgan’s 2014 Crash?
In June 2014, a horrific truck crash involving actor and comedian Tracy Morgan made national headlines. Morgan and several other individuals were traveling in a limousine bus on the New Jersey Turnpike when a Walmart truck, driven by a fatigued driver, crashed into their vehicle. The accident left Morgan seriously injured, including a traumatic brain injury, and led to the death of his friend, comedian James McNair. In the aftermath, the case sparked discussions about the responsibility of trucking companies, the importance of driver safety, and the legal avenues available to victims of such crashes. More than 10 years later, Tracy Morgan’s case offers valuable lessons for victims of New Jersey truck accidents and their attorneys.
Understanding federal and state trucking regulations
Two of the most significant legal issues in the Morgan case were the performance of the truck driver and the liability of the trucking company. Morgan’s attorneys alleged that the truck driver, Kevin Roper of Jonesboro, Georgia, had dozed off and hit Morgan’s limousine after swerving to avoid slowed traffic. In its preliminary investigation, the National Transportation Safety Board found that Roper had been on the clock since 11:20 the previous morning and was remarkably close to the federal limits of 14 hours work per day and 11 hours of work behind the wheel.
Morgan’s lawsuit alleged that Walmart either knew or should have known that Roper had not slept for more than 24 hours. They claimed that before Roper’s shift, Walmart had forced him to drive from his home in Jonesboro to a Walmart distribution center in Smyrna, Delaware—a distance of some 750 miles requiring 11 hours.
The Federal Motor Carrier Safety Administration holds trucking companies to a strict set of standards for hours of service and required rest breaks to protect the public from accidents caused by fatigued drivers. A lawyer handling a similar case should carefully review the driver’s logbooks, electronic logging devices (ELDs), and other documentation to determine whether the driver violated hours-of-service regulations.
A trucking company is liable for the negligence of a driver under the legal doctrine of respondeat superior, which literally means, “Let the master answer (for the actions of the servant).” Evidence of unlawful hours behind the wheel strengthens the case for driver negligence. Blatant disregard of FMCSA regulations can also open the door to punitive damages against the company.
To establish a case for punitive damages, lawyers must scrutinize the company’s broader responsibility to train, monitor, and supervise its drivers. In-depth investigation that establishes corporate liability can be crucial in maximizing a victim’s recovery.
The role of evidence and investigation
It was only after a thorough investigation that plaintiff attorneys could establish that a tragic series of failures had led to the Morgan crash. These included deficiencies in Walmart policies and the driver’s fatigued condition. The lesson for truck crash attorneys is to prioritize gathering and preserving evidence. This includes collecting information such as the truck driver’s logbook, maintenance records for the vehicle, data from the ELD, and any video footage from the scene of the crash. Lawyers must also conduct thorough witness interviews, including from the injured parties, bystanders, and law enforcement officers who investigated the scene. These interviews must happen soon enough after the crash, so that memories have not faded, nor been influenced by media coverage of the event.
New Jersey lawyers should also consider hiring accident reconstruction experts and other specialists who can help identify the precise causes of the crash and strengthen their case.
Assessing serious injuries and the need for long-term care
Tracy Morgan’s injuries in the crash were devastating. The actor suffered a traumatic brain injury, multiple broken bones, and underwent a lengthy period of recovery. All of this occurred while Morgan was at the peak of his fame and his earning potential.
When representing clients who have suffered catastrophic injuries, such as brain injuries, spinal cord damage, or amputation, New Jersey attorneys must consider not only immediate medical bills but also the long-term costs of care. This includes physical therapy, future medical treatments, and the emotional and psychological toll on the client and their family. Lawyers should work with medical professionals to evaluate the long-term impact of the injury on the victim’s quality of life.
Additionally, it is important to account for loss of income and other financial impacts, especially if the victim is unable to return to work or participate in daily activities. Calculating these damages accurately can require expertise in both medicine and economics, so working with the right experts is essential.
Public relations and the challenge of settling high-profile cases
Tracy Morgan’s lawsuit against Walmart was highly publicized, and the media attention on the case played a significant role in both settlement negotiations and public perceptions of Walmart’s corporate responsibility. The Brooklyn-born Morgan was hugely popular in the Tri-State area, due to his long stint on Saturday Night Live and his supporting role on NBC’s 30 Rock. In the wake of the crash, public sympathy was clearly on Morgan’s side. Though Walmart did not admit to liability, the company eventually settled for an undisclosed sum, guess-timated to be about $90 million.
Handling high-profile personal injury cases requires a sensitive approach to public relations. While media coverage can bring attention to a case, it can also complicate settlement negotiations and damage the reputations of those involved. Lawyers must be prepared to manage media interactions, protect their client’s privacy, and navigate the pressures of a public trial. Plaintiffs must choose attorneys who have the cool demeanor necessary to manage the pressure of the media spotlight.
Additionally, plaintiffs must also do their part, by keeping a low profile and not engaging in any social media exercises that could change public perceptions of them or their case. Remember, if the case goes to trial, any jury will be drawn from the community, so you don’t want to poison their perceptions.
Tracy Morgan returned to TV in 2015 to host an episode of Saturday Night Live, for which he received an Emmy nomination. Though it is difficult to know the extent to which Mr. Morgan continues to suffer from his injuries, he has frequently appeared in film and on television, which speaks well of his recovery. Unfortunately, many victims of New Jersey truck accidents are not as lucky.
The personal injury attorneys at Razi & Giampa Law in Paramus represent accident victims with serious injuries in Bergen County and throughout New Jersey. Contact us today.
