While millions of people recognize American actor/stand-up comedian Tracy Morgan from his popular acting roles on 30 Rock and Saturday Night Live, fewer people may recall that he was once involved in a catastrophic truck accident. In 2014, a Walmart truck collided into the back for Morgan’s bus limo on a New Jersey highway. This tragic event resulted in debilitating injuries for Morgan, including a traumatic brain injury, broken bones and internal bleeding. Another passenger died in the crash.
What happened in the Tracy Morgan truck accident lawsuit?
On June 7, 2014, a large Walmart truck struck a limousine bus, transporting actor-comedian Tracy Morgan, best known for his work on “Saturday Night Live” and “30 Rock,” as well as comedian James “Jimmy Mack” McNair and other passengers. The group was returning from a stand-up comedy performance, traveling the New Jersey Turnpike. The Walmart truck driver failed to observe slow-moving traffic ahead and swerved into Morgan’s limo. The chain reaction collision involved six cars, badly injured several passengers, including Morgan, and resulted in the death of James McNair.
The driver of the Walmart truck, Kevin Roper, was in serious violation of several Federal Motor Carrier Safety Administration (FMCSA) regulations at the time of the crash, including one that restricts the number of consecutive hours driven. Before the start of his 14-hour shift, Roper had driven his personal vehicle twelve hours to the start of the job. He had driven over 24 consecutive hours at the time of the accident, and had been awake for a shocking 28 hours.
Shortly before the tragedy, Roper was clocked at traveling over 20 mph above the posted speed limit and was not able to break in time to avoid hitting the slow-moving traffic ahead of him. Speeding is a clear violation of FMCSA guidelines.
The lawsuit, filed in July 2014, alleged that Walmart officials knew about Roper’s driving schedule and failed to ensure that FMCSA regulations were followed. Specifically, the complaint accused Walmart of having made a “custom and practice of recklessly and intentionally allowing its drivers to drive for prolonged and unreasonable periods of time.”
What injuries did Morgan have as a result of the truck crash?
Tracy Morgan suffered a traumatic brain injury, several fractured ribs, and a broken leg as a result of the truck accident. As recently as 2018, Morgan has reported ongoing issues related to his traumatic brain injury. Given the severity of the crash, Tracy Morgan’s doctor described his recovery as a “miracle“.
Frequently Asked Questions about the Tracy Morgan Walmart Trucking Case
Trucking accident law firms like ours receive lots of questions about accidents involving big rigs and passenger vehicles. Here are a few common queries:
What FMCSA rules did truck driver Kevin Roper break?
The FMCSA has rules in place to avoid injuries like Morgan’s. These regulations serve to keep drowsy drivers off our roads. There are several hours of service regulations that Roper, and by extension Walmart, failed to observe:
- 14-Hour Limit: May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
- 11-Hour Driving Limit: May drive a maximum of 11 hours after 10 consecutive hours off duty.
- 30-Minute Driving Break: Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption. The break may be satisfied by any non-driving period of 30 consecutive minutes (i.e., on-duty not driving, off-duty, sleeper berth, or any combination of these taken consecutively).
- 60/70-Hour Limit: May not drive after 60/70 hours on duty in 7/8 consecutive days. This means that if a driver is on duty for seven consecutive days, they may only work 60 hours during that time. In eight days of duty, the driver is only permitted to work 70 hours.
- Sleeper Berth Provision: Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper berth time into two periods provided neither is less than 2 hours. All sleeper berth pairings MUST add up to at least 8 hours. Drivers must spend a set number of hours in a sleeper berth, as well as another 3 hours off duty, before returning to driving.
Left: Photo, as reported in the Washington Post (Id.): Three-dimensional scan of the truck involved in a crash with Tracy Morgan’s limo bus last year. (NTSB)
How dangerous is drowsy driving?
Drowsy driving has been shown to be extremely dangerous. According to the National Sleep Foundation, approximately 168 million people have driven while drowsy, and about 11 million people said their dozing off resulted in an accident or near-accident. Sleep deprivation affects eye-steering coordination, as the linked study found. Both car accidents and crashes involving tractor trailers become more common under such conditions.
Why are trucking accident cases so complicated?
Commercial trucking accidents are usually complicated due to a number of reasons including: severity of injuries, including wrongful death; greater potential for property damage; multiple insurance companies’ policies to be claimed; and multiple potentially responsible parties.
The FMCSA has a number of regulations on trucking carriers and truck drivers that may have been violated. These federal laws come into play in commercial truck accident cases, as trucks are required to follow the FMCSA. A trucking accident law firm will understand how to go about structuring a plaintiff case that incorporates all these elements.
This accident was 100% driver error, but the system in place — in terms of training, supervision and hours of service violations — is what truly allowed such a tragedy to occur. Roper’s recklessness typifies the truck driver fatigue issue that has become a scourge within the trucking industry, and on American roads, for years.
What is “respondeat superior” and how does it apply to truck accident cases?
Trucking accidents fall under the aegis of let the superior answer (often referred to in legal circles by its Latin origin: respondeat superior). In layperson’s terms, this means that the parent company, trucking broker and even the trucking manufacturer may simultaneously be held responsible in the event of a trucking accident like Morgan’s Walmart case. (For example: if the trucking company fails to train or monitor their driving staff, the trucking company may be held responsible for the truck driver’s error.)
In order for respondeat superior to apply, your trucking accident law firm attorney must determine causality: put simply, that the truck driver, as an employee of the trucking company, was acting in accordance with company policy.
Who was found liable for the Tracy Morgan truck crash?
In the Tracy Morgan Walmart trucking case, potential liable parties were:
- Kevin Roper (the truck driver); and
- Walmart (the company who owned the truck)
Determining the cause of the truck accident is a major factor in determining liability. Truck accident causes are often much more complex than a collision between cars. A case may seem clear at first, but collecting information about the cargo, the truck, the company, and the driver are important components of making a case in a commercial truck accident claim.
Walmart assumed full responsibility for the fatal truck crash, and settled with plaintiffs, avoiding trial. While the terms of the settlement were confidential, legal experts have reason to believe that it was substantial. “Walmart did right by me and my family, and for my associates and their families. I am grateful that the case was resolved amicably,” Morgan said. Walmart CEO Greg Foran offered a statement, stating that “[we] are deeply sorry that one of our trucks was involved.”
Walmart truck driver Kevin Roper pleaded guilty to vehicular homicide: a plea that enabled him to avoid prison time. In lieu of jail time, the plea indicates that Roper was required to complete 300 hours of community service. He avoided jury trial and all criminal charges were dismissed.
How much did Tracy Morgan get from the Walmart truck settlement?
While the terms of Morgan’s truck accident lawsuit settlement are confidential, McNair’s children were reportedly awarded $10 million in 2015. Later court documents (per an August 7, 2017 Reuters article entitled “Wal-Mart, insurers settle lawsuits over 2014 Tracy Morgan crash”) suggest that more than 90 percent of Walmart’s total payout went to Tracy Morgan’s claims, as well as another passenger’s claims. Given the number of injured parties involved with this tragedy, legal experts speculate Morgan’s and the other passengers’ settlements in totality may have been in excess of $90 million.
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Even when liability is straight-forward, the at-fault parties can be more than just the truck driver and carrier; many semi truck accidents involve trucking brokers and freight forwarders who may also be at fault. Determining the extent of the losses — injuries, physical impairments, medical bills, ongoing treatment, lost wages and pain and suffering — can also prove complicated. A dedicated trucking accident law firm can be invaluable in navigating the complexities of these types of cases.
Have you been involved in a commercial truck accident? If you receive a settlement offer after being involved in a trucking accident, examine the initial offer carefully; generally an truck carrier’s insurer will submit a low-ball offer, far underestimating the value of your injuries and future treatment. Working with an experienced trucking accident law firm will help the process considerably, from gathering evidence to calculating damages. A seasoned trucking accident law firm will advocate for a fair and reasonable settlement that will truly address the crash losses — and take your case to trial if a fair settlement cannot be reached.
Contact us at The Law Offices of Peter M. Anderson, for a free consultation today.