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

Unfortunately the driver will get crucified for his alleged speed he was doing in the construction zone. I am surprised they are not using that as their number one cause for the accident in the law suit. We all heard the preliminary report were the NTSB claims he was legal on the elogs and the speed he was doing. I hope he used his rights and pleaded the fifth at the accident scene. Anything he would have said will be used against him for sure. In an accident like that you better figure out how to pull the ECM off your truck and make it go away or erase the data on it. If you don't have qualcom, peoplenet or other satellite tracking software that will show what happened.
It would be interesting to hear more info on the driver of the sprinter van for sure. Drug and toxicology report, ECM report and so on. Seems like they were pretty quick about releasing condemning info on the Walmart driver.
We all know how this will go down. The driver will take the fall, Walmart will settle out of court, the cost will get passed along to the consumer and life is good in Bentonville.

 

Except a "commute" consists of at least 2 legs; to and from.

700 mi. / 60 mph = 11.6 hrs. Apparently it is reasonable to assume and report Mr. Roper spent ~20-22 hours per day "commuting".

No report I've read has questioned this obviously preposterous premise whose sole intent could only be to influence potential jurors.

 

I have done 755 mile days legally when starting at midnight off a fresh 10 hour break in a 65 mph truck. Especially when going west where there is no traffic or turns.

 

You see the reason why all over the roadways. Speeding in a construction zone is not likely to be considered negligent by a jury that must be comprised entirely of those who speed through construction zones.

Absolutely. Tampering with evidence will fix everything!

Yes, life is so unfair.

 

BS!!!!!!!!!!!!!!! That funny math of yours may impress reporters but not drivers that do it daily...LOL

 

That will indeed be the issue that will come to be the focus. Especially from WM when they point out all the things they do to educate and train their drivers about the hazards of speeding and construction zones and that it is expressly against company policy to do so. Not taking up for Wally World or slamming the driver. It's just a commentary on how the corporate and legal system works.

Exactamundo. If I'm WM, I'm gonna throw whatever money I have to at this situation to make it go away and get out of the public eye as fast as possible. They'll have no problem recouping the monetary loss.

I have no problem with TM's suit in principle. It DOES appear the WM driver committed preventable error and a lot of harm arose. The fact the other drivers may or may not have committed errors too will all come out. I think they are on the right track (a suit SHOULD be filed) but caught the wrong train (HOS and fatigue are not causal factors, speed and being in a construction zone speeding are). I understand Wally World, like every other major Carrier, does what it can to hammer safe driving into us but at the end of the day it's up to us to actually execute on it behind the wheel. Now, I am NOT slamming the WM driver. In 16 years driving, you think I ever let my speed get over the limit in a construction zone? I about guarantee you it has and when I caught myself I slowed down. We all make mistakes. I feel for everyone involved.

What I do have a problem with and what affects prices on not only retail products, but our insurance rates are the hundred thousand BS claims out there. It affects Wally World, and you and I in everything we purchase. WM and everyone else loses more money to those BS claims than it ever will on these legitimate big single claims.

You know, the professional "fall artists" that look for a wet spot and no "Wet Floor" sign and the one that after a truck barely scratches a fender (idling in 3rd gear in a parking lot at a strip mall they have to deliver to) that flies out the car, throws themselves on the ground then flops around like a fish outta water screaming at the top of their lungs: "HELP, HELP ME PLEASE. OH MY GOD THAT TRUCK JUST RAN OVER ME. SOMEONE CALL AN AMBULANCE!!!" . . . and my lawyer that has a chiropractor and a pain management clinic in his hip pocket because: "I hurt my neck. I want my check. I'm in luck it was a big truck. Whiplash is quick cash." Unfortunately, the system is such that it's much less expensive to settle the BS claim than take them all the way to a jury and show them for the frauds or inflators they are. About 75% of the claims made are exaggerated. Ten per cent are outright fraud. So, what's that leave us with? Fifteen percent of claims being just do the right thing and put the claimant back like they were before the accident? What's that say about society as a whole and how are companies supposed to compensate? The only way they can. Raise prices. We ALL suffer much more from the BS artists than the big claim tragedies like this one.

In this case WM is right to settle. I believe they will do their best to make the people involved as "whole" (a legal term that means put Humpty Dumpty as close to back together as possible as he was before the accident. We have no way to do that with time travel so we have to do the best we can with money). An employee made a mistake. A life was lost and injuries occurred, as well as property damage. Somebody has to put Humpty Dumpty back together again and since the driver was an employee of the company and acting on the company's business and in company equipment; that falls on the company. Something for Independent Contractors to think about. As an Independent YOU are the company in the eyes of the Law.

I hate so bad that this happened, but it should serve to give us ALL a moment of pause because but for The Grace of God it could easily be any one of us. Nobody is perfect in their driving and it happens in the blink of an eye.

God be with the WM driver, the victims and their loved ones and (surprisingly) Walmart. This wasn't supposed to happen yet it happens every single day on these roads. Fellow Drivers: Don't let it happen to YOU. All the stuff Safety and Compliance shoves down our neck every single day? There's a reason for it. Me? I've gotten the mindset that when Safety, Compliance and my run are at odds and I feel some pressure to do what is NOT in MY best interest to do: I sick Safety and Compliance on Operations. "Love all y'all at the company like sisters and brothers from another mother and it sucks for both our incomes but I'm not going to jail for anybody and if I do this the way it has to be done for these times and the grits hit the fan? Somebody's going to prison and brother . . . that ain't gonna be me. So, y'all work out whatever you need to but THIS is when I'll be there if you want ME on THIS run. Let me know what you figure out."

Kinda sucks moneywise folks, but that's the world we live in.

 

Another driver said that until I showed him my qualcomm. Its true. I do unbelievable things so I understand your doubts.

 

True about the construction zone but we have a terrible time getting anywhere because everywhere we go they have drug out those orange cones but nobody is ever there doing any construction. They just have a lane closed down, traffic backed up and a reduced speed limit. But sometimes you do see a patrol car sitting in the middle of the mess just waiting to pick off a speeder. Some states will drag the cones in during some winter months but they drag them back out in the spring.

It's all part of the business and part of what we have to put up with and I always feel bad when I read about anybody getting hurt or killed in an accident of any kind, no matter the cause.

 

You think Wallyworld is insured by and Insurance company????? Really!!!!!!!!!!!