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.