USA Today reported today that the National Traffic Safety Board
(“NTSB”) issued a preliminary report in the Tracy Morgan truck accident case, which doesn’t bode well for the defendant driver or his
employer, Wal-Mart. The report stated that a preliminary
review of the data showed that the truck was traveling at 65 mph for the 60
seconds preceding the collision with the Mercedes-Benz limo van. NTSB
investigators are correlating these data with the physical evidence. The speed
limit at the traffic accident scene was 45 mph. The speed limit had been
lowered from 55 mph due to construction in the area.
It was previously
reported nationally (and on this blog) that the driver had not slept for 24
hours prior to this crash. The NTSB report is now saying that electronic
log data show that Roper “had logged 9 hours 37 minutes of driving time
when the crash occurred. With respect to the maximum 14-hour consecutive duty
period for commercial motor vehicle drivers, the driver had logged 13 hours 32
minutes at the time of the vehicle collision.”
Although it’s early, it appears that
the truck driver was negligent in this case and will be responsible for the
damages he caused to Tracy Morgan and the other passengers in his limousine.
Further, Wal-Mart is ultimately on the hook for the damages as they are
responsible for any negligent actions caused by one of its drivers during the
course and scope of their employment.
If you or someone you love has been
seriously injured in a Chicago truck accident or Chicago car crash, then call
Chicago personal injury attorney, Aaron Bryant, for a free legal consultation