The National Transportation Safety Board released its findings on the crash that injured actor/comedian Tracy Morgan and killed fellow comedian James McNair. According to the report published by the NTSB, the driver, Kevin Roper, was not over his allowable hours, but was speeding.
Though Roper had been on duty for 13 hours and 32 minutes, he had only been driving for 9 hours and 37 minutes, a fact that’s indisputable thanks to the electronic logs that Walmart has installed in its trucks.
The report says that Roper was speeding at the time of the crash, going 65 mph in a 45 mph zone. It also notes that he was traveling at 65 mph for 60 seconds before the crash, showing that he did not brake or slow down until just before impact. The report doesn’t venture a guess as to why he failed to apply his brakes.
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Source: overdrive
Ray says
65 in a 45. I thought Walmart was one of the hardest companies to work for because of it’s hiring standards. I’m not sure this guy has a defense. I’m not sure why he plead not guilty.
Helen Corbett says
First they claim on national tv he was awake for twentythree hours. That he was driving over the hours of service. The arrested him for man slaughter. Then we find out this is total fabricated by the press. Just for rating. No truth involved. Now the same lieing make believe for rating are stateing this. So I no longer believe this bull.
Rambo1 says
The ” FREE ” Press has taken on the role of Judge, Jury, and Executioner ! They have gone RABID.
wing says
the FREE PRESS is owned by the ! per centers…..so do you expect any difference?
mark says
I think it was the prosecution/cops that made that claim to the press, which then plastered it all over every media outlet known to man.
Rambo1 says
@ Mark, With all due respect, where was the fact checking before printing. I won’t skip a ” Pre trip ” because the other drive says the truck is fine. Even if the Cops got it wrong , and before any statements were made, the e-log should of been read which according to the facts, would of told them the facts. Even DOT and Law enforcement don’t know. and are not schooled to understand their own laws and compliance procedures.
John Burleson says
Helen, we’re going the same way. This whole thing stinks–smells like a government that needs an excuse to screw drivers and in desperation is willing to lie at any cost. That particular toll booth had more than one big rig lining up. Other drivers saw what happened. The picture they finally released of the van shows a lot of left/rear-left damage. To an old, old insurance investigator, that means the impact started at the rear left side of the vehicle. That means the van driver tried to cut off the truck because the truck was heading for a shorter lane. Ponder for a moment the graciousness taxi cab drivers exhibit in the Northeast. I’ve aimed for the SOB’s.
Then ponder this: THAT TOLL BOOTH HAS VIDEO OF THE ACCIDENT WHICH THE PROSECUTORIAL SLIME ALREADY HAS. They better release it, now, or maybe a few big rigs ought to pull up on their door and a few big drivers go in and help them release the video.
Kevin Roper might have been distracted and then again he might not have had the time to react to whatever the livery driver did. This is a perfect example of why we all need dash cameras in our trucks. Mine saved me twice from idiots. They cost fifty bucks. Think about it.
John Burleson
Brian says
You never really know what the speed limit is on the NJ Turnpike. The authority constantly changes it due to weather conditions, construction, accidents, disabled vehicles, the mood of the supervisor on duty, etc. The signs are digital, some are 30+ years old, and many aren’t even working at all.
Henry says
I saw the wreck, we were on our way to RI that night. I noticed some of the digital speed limit signs were not working.
Big_D says
Agreed 100%! The NJTP is a free for all really. I always feel sorry for my truck, but I also want to get off that terrible road as fast as the next man. So it’s more a matter of follow the fastest truck/car…
Joshua Collins says
It’s very simple. Whatever the last speed limit sign was that you saw and were able to read, that’s the limit. Many of the signs have been upgraded and it’s been a long while since I’ve seen one malfunctioning. Not like anyone follows them anyway. I feel a lot of the time that I’m the only person on the NJ Turnpike that actually goes the posted limit.
Thom says
Yeah Joshua,
Not saying the trucker was at fault here, but I always felt I was the only trucker going the speed limit on I-285 around Atlanta until they raised the speed limit to 65 MPH on the southern part of the loop. Additionally I get passed regularly going through Memphis, Nashville, Knoxville, and Chattanooga, even though the posted speed limit for trucks is 55 MPH going thru/around those cities.
Plumkrazee says
Pleading not guilty has nothing to do with wither or not he is guilty. It is 100% stall tactics. His lawyer needed more time to get ready for trial. That is why you wouldn’t understand.
mark says
The problem with this story is that after all the national hysteria that he was over hours, fell asleep, and that was what caused the accident, the fact that he was within legal hours will hardly make a peep in the media.
Ray…no way any lawyer lets his/her client plead guilty to charges like that. They’ll either make the govt prove it and convict him, or plea bargain it down to lesser charges.
q Giffee says
the news reported he was up for 24 hrs before the crash. all i say is drivers need to be responsable for the safety of others if we are not dot comes down on everyone else. it was also reported that they are looking into the hours of service rules and the 70 hour rule if they
cut the hours are pocket books will be hurt and in this economy thats not good
Michael Stanford says
Only someone that has driven with electronic logs would understand why he was speeding. It is so obvious. He had 28 minutes left on his 14 hour clock. He was bustin’ a’ to get where he needed to be before his time ran out. I myself have driven crazy in the name of “safety” just to beat the log countdown. It is easier to mash on the peddle a little harder than have to explain to the safety department why you violated your logs. Been there, done that.
Brian says
You’re exactly right. The root cause of this tragedy is the FMCSA’s 14 hour rule. That needs to get some focus in the media and in Congress.
IZ says
NO!!!! the root of the cause is elds & speed limiters!!! I witness this every day these drivers with elds & limiters are making up for lost time in lower speed zones & construction zones.
Which is worse, fudging a logbook just a little bit & driving 70mph in a 70 zone & slowing down to 45mph when the signs say 40, OR speeding in a lower speed zone & killing someone to try to beat your eld, I will take the former any day.
YA’LL BE SAFE OUT THERE & SLOW DOWN WHEN THE SIGN TELLS YA TO & OPEN HER UP ON THE WIDE OPEN ROAD!!
Marsh says
BS, the root cause is drivers thinking it’s okay to break the law. E logs are not part of the problem. Nice excuse though. Billy Bob’s that don’t use them, don’t get it and I find that most who don’t want them are the ones who think it’s okay to break the law. Drivers need to be paid BY THE HOUR and with OVERTIME and mandatory detention pay that is paid direct to the driver. It ain’t the 70’s and 80’s anymore.
Also, open it up is real good advice….Another BS thing that drivers think: it’s okay to speed and “open her up.” Ugh, how embarrassing to be a driver.
Charles says
” Drivers need to be paid BY THE HOUR and with OVERTIME and mandatory detention pay that is paid direct to the driver.”????..more like be paid hourly–and HIGH hourly, at that, as in 20-30 bucks an hour–for all the BS detention time @ shippers AND customers, while still running per mile enroute….but with the caveat that they WILL NOT speed, else they lose their job and/or their license!!!……..enforce this via E-logs and truck-systems monitors equipped with anti-tampering devices and alarms..SILENT alarms that ring @ their co. HQ AND @ DOT HQ!!!!!…if we ALL had been running by the laws as they were laid down a decade ago, we would all be making good money, and not really NEEDING to fudge logs and/or speed……the major problem I see us drivers having timewise is the moron dockhands/orderbuilders/etc. @ various shippers and customers that don’t care to do the work necessary to get us in and out quickly and/or have no real motivation to do their job..whether they’re just union hacks that think that their job is secure no matter how poorly they do it or what doesn’t matter . Mebbe if they were gonna get hit hard in the wallet, they’d do things different!!!!…or mebbe–even better–if their employers and/or union bosses were to take a BIG hit in the wallet for their subordinates’ not being up to snuff..mebbe things would change!!!
Plumkrazee says
Marsh, instead of just playing “Big Mother Trucker” on the x box, why don’t you go out on a ride with a REAL truck driver? One of the first things you should notice is, MOST of the trucks today, won’t even run the speed limit. Yeah, I have driven for 38 years and I have watched your type come and go!
Henry says
There is a service plaza about 8 or 9 miles south of where the wreck took place. I dont know what his destination was but there is parking at those. Now granted, they were probably full.
GaryinWintersCA says
Right, Michael. I got major harassment from my employer for going over 14 last year even though the dispatch could not have been finished in 14. Almost got fired. Now I just drive faster.
Denise says
Again’ the 14 hour rule strikes. He was rushing to beat the clock. You never hear about getting rid of the 14 hour rule. The new rules have caused more stress and risk taking.
Robert says
I agree especially in NJ where there are not enough truck parking.
Chance Way says
I said that from the beginning,he was trying to hurry IP and get that truck to a place where he could park it. Hurry up the clock is chasing me!!!!!
Plumkrazee says
Its called trip planning.
Juan says
First, at preliminary you have to plead not guilty . Then the legal process runs its course. Of course the media hyped it up . If it was a famous people involved .
Lois says
There is no place for those of us still running after 10pm to stop. We have to push ourself on down the road in hopes of finding a crack somewhere to slid into. A lot of towns out east don’t allow parking at all to trucks. I have been woke up by a local law and told to leave on. The only thing that has saved me at times I was able to find a Walmart to park at.
tonyl says
Or just plan ahead. You’re coming up to NJ, you have 2 hours left on your 14, you’re not finding somewhere to park, stop BEFORE you hit the state and just finish in the morning. It’s no secret that we don’t have too many truck stops here. Or if you’re going to come into the state anyway, there’s no shortage of walmart, kmart, wawa. There’s parking lots all over that they’ll let you stop, tons of spots off to the side of state highways where you won’t be bothered.
There’s no excuse to speed. It’s like running out of fuel in the Wyoming. You KNEW there wasn’t going to be anywhere else to stop for at least 60 miles, why did you keep going?
frankie says
That section of the Pike is 45mph cause of that idiotic construction that’s been going on for the last 3 years. NO ONE follows that limit!!!! Only when there’s a donut eater in the area. And speeding (65mph) HA! Thats speeding? On the J pike thats like doing 25mph on a side street. You get put in a ditch if your doing 65mph. And the F,,,,g media day in day out that he was awake over 24hrs,,,,, where the F….k did that come from????? We’re being hunted by the government and the cops. Lets not forget where that nice bottle of wine your sipping right now got to the store!!!!
Tim says
The HOS regs were designed primarily to allow unimpeded 24/7 commerce on our highway system. So the driver not having violated them is no surprise. It’s also possible that he is normally asleep at 1 AM and this was completely ignored by the investigation. This would also come as no surprise.
Robert says
This driver screwed up and someone died. It’s not about hours of service. It’s about speeding. An hours of service violation is not very important when you take a life . Also you’re allowed to go into violation to find a place to park. Sounds like the driver wasted too much time in other locations and if the wasted time wasn’t his fault he should have notified dispatch. Driver error. Think about that the next time you speed or tailgate. What have you gained if you cause an accident?
Rambo1 says
Robert, you are right on ! However, with the use of e-logs and Contracted outside log reading Companies, they will not accept exemptions such as ” inclement weather ” or ” no safe parking ” on the log books as a reason for extending the 14 hour rule, and show it as a log violation. Also, we deliver to Walmart and it’s anybodys guess as to how long it takes to drop and hook ,or wait for a door to come available ,and lumpers to unload and Receiving to get your paperwork discharged. His own Company probably cost him the time it would of taken to run without having to speed. Having said that, it was his foot that was on the throttle !
Thom says
1- walmart doesn’t use lumpers, even in the Northeast
2-there’s usually a place on their DCs to wait for a door, even in Jersey.
3-I’ve been told by logging dept. in 2 companies that there is NO provision that allows you to violate your 14 to park, as an OSR at Schneider once told me, you should have planned your day better.
4- if you are in violation of 14 trying to park and a drunk asshole hits you, guess who is at fault? Hint– not the drunk asshole!
5- if you run out of hours at a walmart DC, legally they can’t force you to leave until you 10hr break is done, just go park where they leave OTR empties. Usually if you warn them you’re just about out of hours they’ll get you in and out as quick as possible.—- it’s not like they use union warehouse workers.
Thomas Mears says
I’m betting when this is all over it’ll be found that the driver of the van was at fault. The attitude on the highway has changed since this incident; at first it was obvious that civilians were scared to death – actually causing bad situations by the way they were passing trucks; now though it has changed to palpable anger. A lot of it is caused by us though; leaving Denver the other day there was a female driver in a big name carrier on the phone – not a headset – a phone and she was crossing both the center and the solid – 10 or more times a mile, totally oblivious to her surroundings; in the brain froze to her phone wobble.
Last night in my private vehicle on my way home on a 70mph, I was doing 75 and a flatbed passed me as if I were standing still – he had to be doing 85-90. I’ve seen more semi’s laying on their side this year than I have in the last three winters combined.
Isaac Koch says
To everyone complaining that he was not awake for 23 hours, keep in mind he lived in GA and reported to work in VA…
Curly says
Under NJ state law in order for some one to be charged with vehicular manslaughter. The DA must claim a driver was awake for 24 hrs prior to the crash without that claim he can’t be charged with the offense. As to why he plead NG who in their right mind do otherwise. The state has to prove their case, not the other way around. I’m just waiting to see how dumb the DA in this case looks if he can’t prove it or is completely proven wrong by the defense.
CR says
If I’m not mistaking, if you pled guilty at the pretrail, you get sentenced right then and there and would usually get the max due to no one knowing exactly what happened and the judge not being able to decide if they want to give say 5 years instead of 10. Like someone said, pleading guilty at a preliminary is unheard of.
On another note, I wonder how things would be if every driver in the country drove 100 percent completely legal for a month, paper and elog drivers. No speeding, full 10 hour breaks, logging and sitting the entire time for pretrips, 30 minute breaks, fuel stops, staying on duty at the shipper while doing paperwork, unhooking ect…. What do you guys think?
Mac. says
Been driving well over 25 years…Never dodged a scale Refuse to pull over weight!
Been ask by more then one dispatcher to do so.When I did some young dummy always spoke up and took the over weight load…Do not speed ..and find no reason to go over hours…;I inform the idiot that I will need a person to come and get the unit if he puts me in such a position that I need to brake the law…Think for one minute the dispatcher is going to own up to asking you to brake the law….Got a clean record and plan to retire with it Jack!
John Ciely says
I quit reading, watching the news years ago. Real reporting ceased in the 70’s. They have long forgotten the fundamentals. Who, what, when, where, and why. Everything today is op-ed with a bunch of improperly used words. The politically correct, trophy for everyone crowd has finally taken over.
JMO
John
John says
I read one report where he had driven from his home in Georgia to Delaware before starting to drive under the electronic log. If his speed was steady for one minute before the crash it seems he was either not looking 8 to 12 seconds ahead, (aim high in steering). Or he was fatigued and micro slept at the time at the time of the crash.
kimberly says
I just drive a boxtruck no CDL required.But with every job I have had one thing my dad has always said NO ONE pays you enough to speed,or rush thru your work.Or get hurt or someone hurt some one else.So many so called in charge people have asked to the point of looseing my job if I dont do it their way.The PRILVEGE to drive is well earned for any reason you have and dont let no one take it away includeing yourself.Unfortunly this driver has lost it due to speeding for some reason.If It has to do with Walmart he needs to get the UNION involved.Truckers have it really hard enough but trust me when I say you have a continutious job no matter what the pay with your license.Also if you decide to do something different you want haft to take the bus or ask for rides for work.Another thing so great to tell a boss to put it in writeing,or text,voicemail form for me to break any rules with DMV.Shuts them up everytime.
jerri says
Well I work for a particular company on several occasions they have told me 2 run my clock out 2 zero or set delivery times to I would have 2 run my clock out to zero. Dispatch would say its a hot load or late load. They would tell me over Qualcomm to use driving to safe haven to stop for night dot may say its legal but at end of day if somebody hit me its my fault caz im over hours. I would tell my company in not so nice words its my drivers licence and my ass if something happens. They pushed me to do this three times 2 times I have shut down with less than 5min on my clock. That’s very stressful on elog. After last time I refuse to run my clock to zero they have even threatened termination I politely tell them in not so words what they can do to my butt. I can get another job. And when u fire me for refusing to run my clock to zero and drive I think somebody would find it interesting. They switched it up real quick and say since im a good driver I can keep on working WOW THANKS. Its like someone said before that makes since the limo probably tried to cut truck off as many 4 wheelers do better this time they got caught. I hate somebody got killed for somebody else stupidity thinking they can beat 18 wheels. They should make it a law in every state for cutting us off but I have had officers cut me off and I would call their tag in. My theory is if u se me coming and u think its ok to jump in front or across take yo chances caz im not gone kill myself to keep from hitting a idiots that jump in front or try to cross. And more times than not I cant change lanes anyway. I have been told since started driving im totally responsible for anything happens when I change lanes. That’s why I stay my lane. I change if/when possible. If u getting on interstate I stay my lane unless you got the same number of wheels I got.
Jimbo says
Another driver trying to beat the clock. This is a good reason to increase the 14 hour rule to at least 16 hours. and the 11 hour rule to 12 hours.
Aaron says
So I am reading a lot of complaining about elogs, 14 hour, 11 hour, rule. I will be honest, the only time I have ever violated was due to being stuck in interstate 81 north in VA because of a 10 mile backup from a crash during a snow/ice condition. sat there for 5.5 hours and once opened up there where so many trucks ahead of me I could not find parking for 2 hours up the road. other then that with proper trip planning, time management, and math skills a trucker can find parking before their hours are up. as for speeding, I agree I see truckers using construction zones and 50 mph and 45 mph zones to make up time, however, again what we are talking about here is time management Drivers. Yes It would be nice to have a truck that could do the speed limit but those of up that don’t need to use the basic math we where taught in grade school to manage time. ie: I have 5 hours left to drive, my truck is governed at 65. that means I can average 58 mph so I need to find a place to park within 300 miles! in my opinion the only hours of service law that I feel is pointless is the reset rule. is I sit for 34 for no matter when or how close to my last reset odds are I am getting the rest I need so I should get a fresh clock, its that simple!!!
Plumkrazee says
As I read these comments, the one thing that I have not seen. The truth. You people want to say that speeding was what the entire problem is, but deep down, inside, we ALL know it isn’t. If that driver is safe to drive 65 MPH, then he is safe to drive 65 MPH.
The truth really is, this driver was attempting to drive above and beyond his ability. Period. Perhaps it was above and beyond his body’s ability, meaning he just fell asleep, or perhaps he misjudged his stopping distance, or what ever the reason might be, the CAUSE is because of the driver attempting to drive above and beyond their ability.
I, and many, many more have driven for millions of accident free miles, accident free. Sadly, I have, back in the late 70’s and early 80, driven so tore up, I could just barely see the road, but I never had an accident! Why? Because I was lucky. Sure, I’m a pretty good driver, but THAT was pure luck! His luck ran out. Speeding didn’t HELP any, but that isn’t what caused the accident.
bas says
All bs!!
In the states you’re allowed to drive 11 hours in 14 hour window until you cross the border into Canada you can drive 13 hours in 16 hour window. Does crossing an imaginary line on the map make you a better driver??