Tracy Morgan Critically Injured in Truck Accident
Comedian Tracy Morgan is in critical condition after suffering a broken rib, leg, femur and nose after being struck by a sleepy Walmart truck driver. The truck driver turned himself into police and was released on a $50,000 bond. He is charged with homicide and assault with an auto, as another man was also killed in the truck accident, Morgan’s fellow comedian James McNair. According to reports, the accident occurred on Saturday about 11 a.m. on the turnpike in Mercer County, New Jersey when Roper failed to observe slow moving traffic ahead of him. At the last minute, Roper attempted to swerve around a Mercedes limo bus but was unsuccessful and struck the vehicle from behind. The limo then rotated and overturned, killing McNair and injuring Morgan and several others, many of whom are comedians.
Department of Transportation Issued Regulations to Limit Truck Driver Fatigue Last Year
Last year, the DOT issued new regulations to limit truck driver fatigue. Those regulations include: that the maximum work week cannot exceed 70 hours, and those that exceed 70 hours of work in a week must rest for 34 hours including at least two nights of rest between the hours of 1-5 a.m., and a mandatory 30 minute break during the first eight hours of a shift. Walmart says that it is waiting for the investigation of the accident to be completed and says that it will take full responsibility for the accident if authorities determine its truck caused the accident. Morgan underwent surgery last week, and is “more responsive” now according to his family. Fellow comedian McNair will be remembered fondly for his mentorship of Morgan and Morgan’s ex-wife, Sabina Morgan.
Prosecutor Says Truck Driver Hadn’t Slept for 24 Hours at Time of Accident
Roper, a 35-year-old Jonesburg, GA resident faces an initial court appearance on Wednesday of this week. The criminal complaint filed by the prosecutor against Roper alleges that he had not slept for 24 hours at the time of the accident. The driver of the limo that Morgan and his fellow comedians were riding in says that he was disillusioned when he was struck by the truck and it flipped over. He heard Morgan yelling for help, but he climbed on top of the limo when he realized that he could not reach the passengers. The National Transportation Safety Board is working with state police to look at any issues related to commercial trucking and limo safety.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.
2 Comments
wigglwagon
How do the authorities know the driver had not slept for more than 24 hours? Most WalMart trucks have electronic logs so it should not be hard to check his hours of service. I cannot imagine someone telling authorities that he had not slept when he was supposed to.
Why haven't the authorities told us why they allege that he had not slept when he was supposed to?
The number of hours a driver works in a week is not the what causes the real problem. In 2005, new so called safety rules were implemented. These new rules increased driving time from 10 hours a day to 11. Even that was not a major problem. The real problem is what is known as the 14 hour clock. That rule penalizes drivers for stopping to take a NAP when ever necessary.
Office workers and most people who make the rules think everyone should sleep 8 hours every night. That is okay when drowsiness does not endanger lives. Unfortunately, drowsy drivers do endanger lives. They should be allowed to take a nap without being penalized for it.
Bobby Williams
As a Walmart Driver i get my rest i use to work at a DC that i had to drive 6hrs for work i would come in the night b4 check into a motel so i would b rested b4 i start my week
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