Tracy Morgan and the three other surviving passengers who were injured in the highly-publicized crash with a Walmart truck have filed a lawsuit against Walmart Transportation which claims that the company was negligent in its oversight of both driver and equipment.
Though the vehicle was equipped with a safety system that should have automatically activated the brakes to prevent a crash, the system did not engage. The suit alleges that Walmart “knew or should have known” that the system wasn’t working.
It was widely publicized that the driver of the truck had been awake for over 24 hours at the time of the crash. Though he was not over his allowable on-duty or driving hours, Kevin Roper had driven over 700 miles to the terminal in Delaware from his home in Georgia and did not sleep before starting his shift. According to the suit, Walmart should have known how little sleep Roper got and should not have allowed him to commute such a long distance before immediately starting his shift.
Walmart did not respond directly to the lawsuit, instead issuing a statement extending their well wishes to the injured men.
“This has been a terrible tragedy. We wish Mr. Morgan, Mr. Fuqua Jr., and Mr. Millea full recoveries,” Wal-Mart said in the statement. “Our thoughts continue to go out to them, their families and friends, as well as to the families and friends of everyone involved, including Mr. McNair who lost his life. We are deeply sorry that one of our trucks was involved. As we’ve said, we’re cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we’re committed to doing the right thing for all involved.”
Tracy Morgan has been released from the rehabilitation facility after suffering a broken nose, broken leg, and broken ribs as a result of the accident.
Kevin Roper is free on bail after pleading not guilty to charges of death by auto and assault by auto.
Next Story: Man Opens Fire On Fellow Trucker Over Road Rage Incident
Source: wallstreetjournal, nytimes, ttnews, overdrive
Image Source: blacklikemoi
John says
What this proves is that as a truck driver, your life revolves around being safe. No matter if your home, or in the truck. Kevin Roper and WalMart are finding out that technology can and will be used against you. Not only with tracking you duties on the truck, but also what you did prior to going on duty. It also means that any safety equipment on your truck must be working if it is installed.
The confusion it seems in this law suit is that Kevin Roper was commuting 700 miles to work? When in fact as a truck driver he was already working and had been for over 13 hours and much of that was driving. What Kevin Roper was doing prior to the crash should not be questioned. He was legal as far as the DOT requirements. I guess many people don’t understand this. What would be in question is what Mr. Roper was doing prior to beginning his duty status behind the wheel?
Although, their is very little in DOT rules requiring any specifics on sleep or rest from a off duty status. For me, I think as a truck driver myself. That Mr. Roper burned that candle at both ends too short in his off duty time. Leaving himself too tired to do such a long trip. But could WalMart or any employer know what a truck driver was doing in his off duty time? I think all of us as truck drivers know what Mr. Roper did in trying to juggle limited time off with making his delivery. Common sense would say get some sleep before starting such a long trip. Or at the very least take a nap somewhere in the middle of that trip. WalMart is obviously the target for compensation for the plaintiffs. But in the end I find it hard to understand how WalMart can monitor any driver 24/7.
anon says
“But could WalMart or any employer know what a truck driver was doing in his off duty time?”
I think the point of suing walmart is to force the employer to ask that question or at least recognize a person who is not sleeping enough (there are obvious signs). The other reason for the lawsuit could be out of anger for who died.
moose says
Well said.
jm says
I agree with John. This is the new “norm” with all the regulation that has come out in the last few years. Drivers juggle limited time off then go back on the road with tighter appointment times and longer trips up to weeks at a time out on the road, and don’t forget all the rush hour travel time you get now 3-5 major cities a day or maybe more. All that stress then go home for a day and work, work, work at home and right back on the road. Sure makes a person tired just thinking of it. As a professional driver it was his responsibility to say NO because he was in fatigue mode. As for the new braking system the technology is way too new to be in a truck even as a test model. As for the company, its difficult to know if a driver is fit or not fit to drive when everything is sent via elog, email or text etc., need more human interaction to determine how fit a driver is most the time. As said by ANOTHER TRUCKER: Education not more regulation, That goes for the 4 wheeler public as well. Its just sad that this has to happen before anyone speaks up about these kinds of issues.
James Popio,Jr. says
I agree that Mr. Roper should have been more professional
And got the rest needed before the start of the shift.
I’m a trucker myself and I feel that we are over regulated
It is causing more of a safety issue than ever before.
Companies are pushing drivers to do more, go further and stay out
Longer with less and less home time. All due to over regulation
Of the industry. We have less time to drive, longer distances to run
And with limited appt. times coupled with longer detention times
It is almost impossible to get the job done in a timely manner. I’m
Very lucky to have signed on to a company that is more interested in
The driver than the bottom dollar. Stop over regulating and it will be a safer road.
Urziel says
“For me, I think as a truck driver myself. That Mr. Roper burned that candle at both ends too short in his off duty time. Leaving himself too tired to do such a long trip. But could WalMart or any employer know what a truck driver was doing in his off duty time?”
Well if your mailing address is four states away from your worksite, it’s a pretty safe bet what they are doing during their off time. What I don’t get is why any DC would have a driver who lived so far away on their payroll. Most DC accounts require the driver to live within a certain distance of the site, typically less that 100 miles. It’s not like Wal-Mart doesn’t have several other DC’s far closer to home for this guy. Second, who in their right mind drives 700 miles to work and doesn’t sleep after getting there. That’s some pretty piss poor planning on the part of the driver. I expect better from my colleagues, we all know the risks out here as this knucklehead proved all too well.
Randy says
Not necessarily true! There is the fatigue status of a driver that can be held against him at anytime. If a DOT sees a person entering a commercial vehicle no matter when, he can place the driver out of service for fatigue. To say we should not be accountsble wgat we do outside of work hours is wrong as well . We all submit to drug and alcohol testing which use of generally takes place during off time periods. We are held accountible for a fail on something used in off duty status
Jamard says
That’s not true. Read up on what happened when troopers in Minnesota who thought they could get away with doing that.
oscar says
Try one of their schedules, totally unrealistic and they know it; and drivers are pressured into pushing the legal limit because if you dont make the app time they will make you sit for at least 24 hrs before they take your load, any o/o knows this.
Ted says
Mr. Roper should have known better. I’m also a driver going on 32 years now. Getting adequate rest before coming on duty should have been important to him. If I’m understanding it right he was commuting to work in his personal vehicle? Logging 700 miles in 11 hours is a stretch, especially with the electronic logging system and being on the east coast. If that were the case he should have put himself in the sleeper and got some rest before leaving from his destination in Delaware. As for Walmart there is no way they could have known what Mr. Roper was doing prior to coming on duty from an off duty status. It all falls back into Mr. Roper lap. It’s ultimately his responsibility to make sure he is rested before coming on duty, unfortunately for Walmart their liability is that they had him behind the wheel of one of their trucks.
I’d like to wish all that were injured a speedy recovery and my deepest condolences to Mr. McNair’s family for their loss in this accident which could have been 100% preventable.
Tim says
He started at the terminal in Delaware and logged 700 miles before crashing in New Jersey? Are you the least bit familiar with the mid-Atlantic region? If you were, you’d have reread the article to clarify for yourself that the 700 miles referred to automobile travel from Georgia to Delaware, not Delaware to New Jersey.
Renegade says
If you are a driver than you would know with this stupid 14 hour rule drawings line on sleeper berth does you no good! The clock keeps running. It forces you to drive when you would like to take a nap or avoid peak traffic times. We need the government out of our business . This was an accident . You cannot prevent them. It’s unfortunate but it’s reality .
Robin says
I so agree with you, John. The driver was clearly at fault, not Walmart, although the question of operable safety equipment is a grey area. I don’t know if the driver payed insurance on himself, or if Walmart paid his insurance, I guess that would be an issue as well, but ultimately, Walmart has more $, so that’s typically who’s gonna get sued. It’s beyond me why a professional driver would even do something like that (driving fatigued)…he knew he shouldn’t be driving! It was an easily preventable accident, and it seems odd to even refer to it as an “accident”, seeing as he knew what he was doing was wrong. The word implies it was something you did accidentally, not knowingly. Another strike in giving the industry a bad name. I hope he gets life behind bars, he deserves it.
AnotherTruker says
Sadly since 2008 when driver mills began pumping out 30-40 unskilled wheel holders per class there are far more wheel holders than professional drivers. Then big box companies give then a few weeks questionable training , pay them penny’s power Mike and disregard the fact they are human and would like to have a life took. H ence the reason crash data shows an increase in truck related crashes between 2009-2012.
Education not more regulation. That goes for the for wheeler public as well.
rubberducky68 says
I get so tired of hearing this garbage about new drivers. I am still a new driver at 2 years now and have had no issues. However there have been several incidents and rollovers at our company and they all occurred with veteran drivers that have gotten complacent over the years.
Crash data may have increased but probably because there are more trucks on the road not because of us “newbs” crashing all over the place.
Gordon Moody says
I never knew that a comedian is now a truck driving mechanic. I have never heard of a brake system that will automatically put the brakes on to stop a truck to avoid an accident. I have been driving transport truck for some years. You still need a professional truck driver behind the wheel to make that tractor trailer stop or swerve to avoid the accident. There is two reasons why this happened either mechanical or the fact that somebody behind the wheel was not paying attention to what he was doing.
Samuel Barradas says
Systems that automatically apply the brakes on a truck to avoid a collision have existed since at least 2010:
http://www.truckinginfo.com/channel/safety-compliance/article/story/2010/06/driving-with-the-wingman-collision-avoidance-system.aspx
Joe says
The main question here is, if the system wasn’t working correctly, should they be more at fault for a faulty safety device that is not required by law? If it doesn’t work, your trucks is as safe as the same truck ordered without it, right? You should people who opt for a extra safety option should be held to higher standards than anyone else. In my opinion, they should have to prove that the faulty safety device (if it was even faulty) made the truck less safe than an equal truck build without it.
These systems do not apply full braking and cannot avoid all accidents. They are designed to react when the driver does not, but no current technolgy is better than an experienced, alert driver.
Samuel Barradas says
Joe, those are good points, you’re getting right to the heart of what this lawsuit is about. If the result of this lawsuit provides answers to those questions, it will have major implications for the future of autonomous safety devices and self-driving vehicles.
Renegade says
I don’t want a computer controlling my life. They fail all the time and I sure don’t want it controlling my brakes.
Joe says
Renegade, that is all well when you are in control, but are you really against a truck slowing down if you fall asleep? These systems are designed similar to the ABS systems, if you are in control, they are passive. If they fail, your brakes operate normally, as if it was never installed. IMO, they should have to prove that the system was not only not working, but normal service brakes did not fuction correctly due to it. If the driver fell alseep and the system did not work, it is no different that the same situation with a truck that never had the system. Both situations call for equal blame on the driver, why should the driver with OnGaurd or Wingman carry more blame?
sudon't says
“…the vehicle was equipped with a safety system that should have automatically activated the brakes to prevent a crash…”
If they’re talking about VORAD, I had that in a couple of trucks. It does not “see” small vehicles, (that is, any kind of four-wheeler), until you’re on top of them, and it’s not going to stop you in that short of a space. It really only worked properly behind big trucks, specifically, a van, with it large flat area. And it beeps… All. Day. Long. So you stop paying attention to it pretty quickly.
AnotherTruker says
Excuse the typos. Darn dumb phones lol
John says
I believe Nj fault bec every vehicles on 95 turnpike that
always drive faster than 55 . Nj govern drove his own
vehicle on turnpike 2 or 3 yrs ago and he drove over
90 mph on speed limit 55 . Then he wreck it . No jail, no
Court .. it’s NJ state fault for not trying all cars slow down ..
Jeff says
All these drivers saying he should not have been driving tired, saying the driver should have known better. For one, driving 700 miles to work is stinking crazy. I think he has to check in when he arrives at the distribution center. Drivers here which would you choose: drive tired even if you have the hours just to make sure there is food on the table OR risk being terminated/forced to sit for a day or two because you felt unsafe due to you needing sleep. A lot of drivers are held at ransom by the same companies they work for.
MamaWolf says
I agree with Jeff and a bunch of you others. I’m a professional driver, I drive for a “Refer” company. Time sensitive meat and produce type loads. There have been times I’ve been SO fatigued it brought me to tears when I realized how wobbly I was on the road. What did I do? Sacrifice 20 minutes, pull over and take a power nap. It would tide me over for about 2 hours before I was ready to crash (pun intended!) again and had to pull over yet again for another power nap! If this ran me late to the destination, I sent in a running late message and my reasons in the notice? FATIGUE! My employer never questioned it. More often they’d swap the load if it was going to be late, or reschedule the appointment. At one point I’d gone for 24 hrs or more with no more than 2 hours sleep. Someone asked, how can that happen with the “Regulations” in place? Easily!! I was 50 mi from my rcvr, I took a 10 hr break because I was early, delivered, and had 8+ hrs left of available drive time. I was FULLY rested! I get a call to swap loads with someone that’s out of hours. Start my 10 hr break NOW, reset my clock, and roll with his load when I get it…. I was fully rested. How the HELL was I gonna get any sleep before rolling with this new load? You can’t sleep 8 hrs, be up for 4 and try to sleep 8 hrs again. It doesn’t work! So I was only able to nap for 2 hrs before I had to roll again. Drove 7 hrs, took my 30min break while fueling (thus no time to make food!) rolled again for another 4 hrs and delivered the load. I got to the rcvr so tired, blood sugar so low, I made stupid mistakes while trying to get my trailer into the dock. The rcvr dock crew were understanding and very nice about it. With this guy and his driving 700 mi to get TO his truck??? That’s stupid! When we go on hometime the truck is stored at a leasing office near our home, within 30 min drive time. WHY THE HECK was his truck so far away?? The responsible thing to do would have been send a message/call and say “LOOK I’m exhausted! I feel unsafe to drive, my truck is not rolling till I get some sleep!” We are their most valuable resource, we should take care of it!! I’ve had to tell my Driver Manager before, that I was too tired, I was NOT rolling till the next morning because it wouldn’t be safe. And she never once threw a fit about it. SAFETY is everything!
Kevin Jackson says
IF any of you are pay attention to the article , NOTICE that the lawsuit is based on the safety system. The suit alleges that Walmart “knew or should have known” that the system wasn’t working. So what should be obvious to all of you is that these are Attorneys and they know D.O.T rules and regulations and they have not filed a suit based on any Violations. Walmart has electronic logs. qualcom and peoplenet systems have event logs.. the system logs when you stop how many times you stop if you buckle your seat belt etc.. Mr Roper was Legal .
Rich says
Except for the fact he was speeding which puts him at fault.
Angela says
I don’t really understand why the company should have known this person did not have any sleep. What a person does on their off time is in fact their own business, until it interferes with the safety of the driver and others and by then it was too late. How could have the company known?
scrapyardog says
There is only one thing that is being overlooked and all of us know what it is. If a driver calls their dispatch office and says that the load isn’t going because they’re tired it is almost certain that they will get laughed at. These dispatchers don’t care about you, me, or the next guy. They will simply find a person that will simply go with their program then you will sit at a truck stop for a few days so you can think about just how tired you really were. Driver’s do what we have to do but we inherit the risks as well, and anyone who says”if I’m tired I just say so and go to bed” either is a Damn lair or not making any sort of a living. And if you want proof then think about that driver you talked to the other day at the truck stop diner that spent ten minutes complaining about how he has been sitting for days, yeah he’s in a time out. Also something to think about is that big cooler of energy drinks with all those 2/4 specials and the big display at the register, somebody is buying them. To say we don’t drive tired is a boldface lie. We do it because we have to and nobody really cares about us. Its all about the numbers to our offices or brokers and it’s just a “big dick contest” for the lawmakers that are supposed too be protecting us.
T Wade says
I drive for Walmart and if Mr Roper had called in and told dispatch that he was too tired to drive, dispatch would have told him to stop and get some rest and continue his trip after getting some rest. Walmart does not punish you for being safe. I know many of drivers at Walmart that has called in that they were too tired or sick to drive and they were told to park until they were able to safely drive and I don’t know of one that has been punished for doing so.
I have the On-Guard system on my truck and there are times that it does not work but the driver is given a warning that it is not working and his cruise control will not work.
Robert says
I drive for a company that tells the drivers if you’re tired stop. Call dispatcher let him/her know and give them an idea of when you can start going again. We don’t have worry about service failures or dispatchers trying to push us to the extreme limit. If we did I wouldn’t be working for them. Also if I have to get a nap to be safe I don’t sit waiting on my next load. I make my dispatcher good money and he appreciates me so he keeps me running till I say ok home time. If you treat your dispatcher with the respect they deserve you get respect in return. Many drivers I talk to say their dispatchers don’t care about them or leave them sitting to long etc…. Pickup the phone and call them if you can’t get anywhere with them call their supervisor. If your dispatcher gets mad because you did it’s probably cause their job is on the line cause they’ve had more than one complaint against them. If you don’t like something change it. Otherwise quit complaining.
Denise says
Your post is a reality check for all. I hate seeing energy drinks sold like pop or coffee. The trucking Industry is coming for more major changes. When bean counters started running trucking companies experience, education, good pay, respect all went out the window. What we have now is the left overs of the gluttony of investors and corporate greed.
Matthew Hodges says
The safely system on the the trucks can be overriding by putting you foot on the gas. I have a truck with the system in it. The system only works if the cruise is set on your foot is not on gas. So if he fell asleep with
his foot down all he would of hear would be the besser going off.
David says
The real problem is the anti-safe 14-hour rule. The W-mart driver likely was pushed into driving tired.
Tim says
Correct. The HOS rules in general are the problem. What almost never gets mentioned in discussions about this crash is the time of day in which it occurred, approximately 1 AM. With the minor exception of the “two 1-5 AM periods” rule for 34-hour resets, according to the HOS rules no hour of the day is any different than any other hour of the day—for any and all purposes including sleep—which obviously isn’t true.
robert says
Several countrys require a ten hour sleep break prior to reporting for work and that information must be derived from a braclet worn by the driver. Japan and Australia are two that I know have such requirments from drivers and management.
Rich says
This is why some companies require you live within a certain number of miles (ex. 100 miles) of the yard. Wal-Mart should have known how far away this driver lived and commuted .If he didn’t tell them then it was his responsibility to rest before driving (work)
Russell says
I hear a lot of points from drivers and non-drivers of big rigs on this accident.
The bottom line is the driver did not follow DOT regulations. Wal-Mart should have known
that if the driver commuted 700 miles he should not have been aloud to drive for 10 hrs. If you do the math 700 divided by 11 equals 63.636 miles per hr. This is not possible with tolls and other speed limits. The drive was clearly not legal to drive, thus making Wal-Mart liable. I feel the driver should get the maximum aloud by law for his dis-regard for public safety. I wonder what this drivers attitude would be if another driver did what he did and killed someone in his family. Bottom line drivers have to bee professionals and not drive tired or distracted. I drive and have been driving for more years then I care to admit. I see drivers on cell phones not paying attention, reading maps while driving, leaning against the drivers window and dosing off. It’s time we take responsibility for our actions and also hold companies liable if they push drivers past there limits. I want to go to work and come home safe, thus lets get the STEERING WHEEL holders off the road. There is no place for cowboys in this industry.
Tim says
Apart from evidence of drug or alcohol use before going on shift, what employer is responsible for tracking what an employee has been doing in the hours leading up to their clocking in?
Joe says
No employer should be responsible for what someone does on their own time. The only thing they can be responsible for is something obvious. Drug and alcohol may or may not be noticed. If someone is obviously tired or acting out of the ordinary, it might throw a red flag, but people don’t always act noticably different.
Unless there are people who will testify that this guy was obvously not OK to drive, or the driver himself said that he’s too tired to drive and they told him that he has to or get fired, I don’t see how Walmart is to blame.
Charlie says
So Russell, why did you not make the cut as a walmart driver?
greg says
I think you all are correct. In one sense, going by dot regs you are correct and in another sense, common sense more directly, the points are correct.
I think the bottom line of all of it is plantiff gets paid, but so does the governement. I think the regulations are a trap because the government knows we get very little time with our families and those of us who are in a position where sitting 3 days in a truck stop will put us weeks behind on bills, therefore they get to charge the carrier money, driver goes to jail so they collect from that along with drivers court costs, then the lawyers get paid, and must pay taxes off their portion of the settlement, therefore whose best interest is any of the regulations in I ask? You got it, big brother and noone else.
greg says
Also im a driver going on 4 years that yes I went to school and everyday after school went out hauling containers 300 miles and back with my oldest brother whose been driving for 17 years, along which I rode with him many times, as well as another brother and a papa, so I was actually taught how to drive. Im not a perfect driver by no means but I have no accidents, no csa points, im squeaky clean and plan to stay that way. Needless to say, I like the wooded routes.
Guess thats the end of my rant lol
Be safe out there everyone and please, use some commen sense when you drive anything!
Toolboy says
If it wasn’t a celebrity there would be no discussion. This happens everyday yet it takes a big name to get people talking about it. It really disgust’s me to end. And the whole debating DOT regulations is also absurd.
Drivers need new rules and to be paid by the hour. And if you don’t think it can be done you just bought into the bullshit they feed. Also if drivers had any sense they would go Union. But god forbid you mention that foul unholy word.
As the old saying goes “those who forget history are doomed to repeat it” and it has been happening for 20 years or more. How do you think we seen the JB Hunts,CRST,WERNER and other companies explode? Its the walmart effect of trucking.
For the time trucker spends out away from his family EVERY DRIVER fresh out the gate/green/new should be at least making 50-55k a year sitting or not. Can you put a price for all those times you weren’t home??
Yeah most of you are probably thinking “keep dreaming toolboy” But thats what i believe its going to take, but one thing my dad taught me that i know holds true and that is “they will have to be starving to death before anything gets done” this coming from a retired coal miner in WV. Back then they new the importance of a union because back then they starve and work a man to death and make little money. Don’t think that can’t happen again? It is happening right now.
Robert says
Nobody forces anyone to drive a truck. The driver chose the job so the driver has to deal with the problems and make the best of it. If you don’t like something change it or quit complaining. Good day
hamrhed says
I’m from NJ,the area where the accident happened is bad. NOBODY does the speed limit there but, the driver didn’t plan right. No matter what anybody thinks about Walmart they can’t watch their drivers 24/7.
Charlie says
I’m just glad to know I share the road with so many perfect drivers that never make a mistake, are always wide awake and stop to change the radio station. Or maybe I’m on the road with a bunch of liars.
ozzy says
One thing that puzzles me is the american trucker working for thease bottem feeder companies that doesn’t no about the federal law of there ”RIGHT TO ORGINIZE ” that was signed by OBAMA his 5th day of his first term.Giving the rights to the worker to force a vote BY THE WORKERS to go union or not giving thease bottem feeders something to choke on an the truckers the pay they deserve an the benifits they deserve…thease bottem feeders are recording record profits for paying out peanuts to over the road truckers. When the union buster RONALD REAGAN deregulated trucking its gone down hill ever since.He did the same to the air traffic controllers an tryed the trains an that didn’t fly….currant members of teamsters is over 2 million an growing..the largest labor union right now after the UAW went down…..also remember that the teamsters are one of the only groups pouring millions every year to lobby to stop mexicain trucks from entering the USA….the bottem feeders pay nothing…….. accidents will always happen,cut wood make saw dust its part of the game….
T Wade says
Charlie, your right. Every driver on this page has driven while fatigued or not having enough sleep. They have done it in their four wheelers, two wheelers, and big trucks. And if one on here says they have never drove tired than they have only been driving for only a few days or they are liars, and I will go with liar.
Mr Roper should have arrived at work with enough time to be rested before starting his first 14 hours shift, he failed to do this. Walmart will be punished for believing that they hired a driver with enough common sense and a professional to be rested to start his week. This will only force Walmart to hire drivers that live or willing to move close to a DC that they are working out of which will exclude many professional drivers from getting a job at Walmart and then transferring to a DC closer to home when one opens up. Good drivers will be punished for the acts of a few that lacks common sense. This is the very reason for elogs and stricter regulations for drivers which is caused by the ignorant and stupid drives that we have on the road today.
lee says
It is just another easy payday. The only difference is that it is a well known (failing) amateur comedian who is seeking the payday. Yes it is unfortunate there was death and injuries but what really happened. So far we have been fed stuff from the main stream media.
If you drove truck, no matter how long, you have a target on you end of story.
Ultraman says
Well, there have been ma statements here. I wonder this much.
1. Was anyone in the van wearing a seat belt??? Given the way the van looked, it seemed the
interior compartment was in tact. Why did someone die? Was this information published??
2. Why wasn’t the driver of the van more aware of his surroundings. When in a car/van
surely you have the ability to accelerate or decelerate quicker than a tractor truck.
3. I am tired of hearing how it’s always the truck drivers fault and the company who the driver works for is to blame. Given….., In this case it is clearly the fault of the driver, but, not always.
4. The driver should be in serious trouble for his actions, but in this case, it is ultimately the
the responsibility of the driver to make sure he is fit enough to drive. This is part of being
a professional driver. Not a steering wheel holder.
5. I think a DRIVER no matter what vehicle he or she is using is ultimately responsible for his
or her passengers and cargo. This being said, I would not have let anyone in my van without
seat belts. Again, looking at how compartment looked, I don’t see how someone would have
Died. Injuries??? Yes. Death??? No. Maybe there were too many non secured pieces of
luggage/equipment that got thrown around and cause the injuries.
6. Now, because of this, I’m sure Walmart will have to pay a ton of money for this and because
of it, prices will go up in order for them to get their money back. I think there should be a cap
on how much you can get in a law suit.
7. If the tables had been turned and the van cut off the truck, The truck driver would not get
anywhere near as much money as the persons in the van will get from the trucking company
and that is wrong. There should be an equal playing field. IF the truck driver was injured and
could not work for a year and lost his truck, most car insurances cover 100K property
damage. That’s all you get. Shouldn’t this change when car drivers are the cause of
accidents?? I think property damage/liability should be up to at least $250K so a truck
driver could at least recover the cost of a standard semi and trailer… so a driver won’t loose
his lively hood..
8. I’ve been in many accidents in my life. As a child, I was in the back of a station wagon which was rear ended by a lady who was doing about 70+. We were doing about 30+. I didn’t have a seat belt on. I was in the back of the station wagon watching the car as it hit us. I didn’t have any injuries from the accident. (head violently shaking, Lol…) But, I could see how a person could sustain major injuries without a seat belt.
9. Wish. All drivers.. Get your rest… It’s not worth loosing you career /life over a hot load that
is so hot, that it can’t cool off in a ditch..
Be safe out there. All
SAMUEL LEE says
for all those years i was discrimnated against by WAL MART…..because an amputee can’t cut-it- I SAY KARMA SUCKS!!!!!!
michael says
There should be a law stating “if a driver is tired he has a legal right to say no and he will not be terminated or suspended or in trouble for being safe”. My dispatcher always wants me in the sleeper berth just in case and i will tell her the load is going to be late cause im tired and i punch it in over the qualcomm so it can be noted.