Tracy Morgan sues Walmart for crash that seriously injured him, killed friend

Hi knuck, yeah, I meant everyone,(except the driver, of course) and I don't have anything agin Mr.Morgan at all. There isn't 1 person here that wouldn't do the same thing. I'm not crying for WM, that's for sure.

 

Drive: 0000 - 0745 (pre-trip from 2345 the previous evening to 0000)
Off-Duty: 0745 - 0815
Drive: 0815 - 1130
Post Trip: 1130 - 1145
Sleeper Berth: 1145 - 2145
Pre-Trip: 2145 - 2200
Drive: 2200 - 0000

Looks like 13 hours of drive time, which would be 845 miles in one day @ 65 mph. Granted, 845 miles is highly unlikely, but it sure makes it easier to believe a claim of 755, doesn't it?

 

I averaged 67 mph S-N on 25/90 border to border across WY one night in a 65 mph truck, heavy w/a beer load. What I lost upgrade, I more than made up downgrade.

I also pulled a 6000# load 1100 miles. It was pretty dang near as if I was empty.

So it's possible, just need the right conditions.

 

As yet I think we've failed to establish any negligence on the part of Walmart.

It is reasonable to assume they are self-insured, and there isn't a shred of evidence to suggest their driver was not negligent, so they will settle rather go to trial, just as the vast majority of personal injury suits do.

There's a certain factor of discouraging lawsuits of questionable merit in the settlement strategies of those with large pockets. They don't want to appear to be a source of easy paydays.

 

Since TTR has reported how that driver for Western Express is directly being suedfor hitting a curb and a blown tire (Source: http://www.thetruckersreport.com/trucker-sued-for-75k-over-blown-tire/#more-7450),isn’t it also likely that Morgan and/or others involved will go directly after thedriver himself? I’d imagine more suitswill likely follow this one.

 

They have to include the driver in the lawsuits to sue Walmart. They're not really interested in collecting from the driver, who probably doesn't even have the assets to cover the cost of the civil trials. They are going after Walmart.

WalMart will probably try to settle. That doesn't mean the driver won't be prosecuted for something. His life is ruined, at his own hands. Remember when you 'drive like everybody else', tailgate, ignore speed zones, and hope to be lucky, or too stupid to realize YOU, as a truck driver, will get hung out to dry, no matter who is at fault or did something that contributed to the accident.

25 years ago I was in a fatality accident that was not my fault, and I was never ticketed, for ANYTHING. One of the two car drivers who caused the accident died. The second was never ticketed for anything, but he filed lawsuits against the company I worked for, and me.
This dragged on 3 years, and I was totally innocent. It still screwed up my ability to find a job with a 'normal' trucking company for years.

Don't count on common sense or any hint of fairness by anybody, if you are involved in a major accident. You are screwed.
Slow down. Pay attention. Cover your rear.

Oh yes, the surviving driver (who was racing the driver who died) SETTLED for 1.5 million with the company I worked for.....even though I was in no way at fault.

Let the dumbclucks kill themselves on the highway, but keep far away from them.
Your wife and family count on you bringing in that small paycheck, which will be slightly more honorable than collecting welfare if you are dead, terminally unemployable, or in prison.

 

I agree,65x11 is 715 miles.

 

"The suit is being filed against both the driver and Western Express..."

In a personal injury suit everyone who might be found liable by a jury of nitwits must be included in the suit.

If they conclude WE was faultless and haven't named the driver a new suit against the driver must begin at Square 1, and the limit for filing PI suits is generally 2 years after the alleged infliction of damages.

(It is not uncommon for the conclusion of PI suits to exceed 3 years. PI suits are often unnecessarily drawn out to allow the plaintiff time to die, thus relieving defendants of the suit.)

If they decide WE and the driver were each 50% liable and either is not included in the suit any award for damages would be reduced by half in proportion to their degree of liability. If theoretically the jury should find the mystery state/municipality was 100% responsible (for having too sharp a curb) and they are not named in the suit the damages award will be $0.

Maybe, as a personal punitive/revenge measure, but not with any hope of collecting any significant damages. The typical driver is "judgment proof" by virtue of having no significant assets or income potential relative to the degree of damages they cause.

Maybe. Morgan could try suing NJ separately for inadequate warning of the approaching construction zone/lower speed limit, but that seems unlikely.

 

Walmart has other insurance to limit their liability on claims, this incident goes beyond their vehicle insurance because the claim of neglect is being made. The insurance companies will determine what gets paid and what doesn't with Walmart's blessing but if it gets to court, which it may, then these people who hate trucks will come out of the wood work and demand something be done.

As for the driver, he is on the hook too, he will have to deal with all the BS and one reason why I say get a lawyer if you are doing this because stupid stuff causes people to get in trouble.

I said this before and will again, I feel sorry for the people who died but tracy is an entertainer, and that's about it - no one really important.

 

To you and I he may not be important,in fact I never heard of him till this story broke.But to the public the media made him to be important.I would say this case is going to be much more speedier then the average case against a trucking company simply because he is a celebrity.They have the right of way over the common people.