We all heard sad news today that comedian Tracy Morgan was seriously injured
while travelling back to New York from a comedy performance last night
in Delaware. Preliminary investigation by the state police indicates that
Morgan’s limo bus was hit from behind by a Walmart tractor-trailer
that “didn’t see” slow moving traffic until it was too
late. In addition to Morgan’s critical injuries, another person
was killed. The tractor-trailer driver has been charged with death by
auto and other charges.
Unfortunately, this scenario is one that I see all too often as a lawyer
who handles a number of truck wreck injury cases. The Walmart driver’s
obligations are clear: he has to properly manage the space in front of
his truck; and he can’t over-drive his headlights. If litigation
follows, there will be more issues to investigate. Had he been driving
too many hours based on the applicable Federal Motor Carrier Safety Regulations?
The initial responsibility is clear from an
excellent photo by photographer Robert Stolarik (for the New York Times) of the truck that hit the limo bus that was carrying
Mr. Morgan. Stolarik’s photo clearly demonstrates that the truck
rear-ended the limo-bus.
Hopefully, if Mr. Morgan and the other passengers choose to pursue this
against those responsible, they will select a lawyer with
experience in tractor trailer accident cases.