Walmart Blames the Victim: the Tracy Morgan Story

Actor/comedian Tracy Morgan was involved in a six-car pile-up a few months ago, when his limousine bus was hit by a Walmart truck. Morgan has been undergoing therapy since the accident, and there is concern as to whether or not he will make a full recovery. Morgan and the other people involved in the crash have initiated a lawsuit against the driver for vehicular homicide and assault by auto, and against Walmart for corporate negligence.

And yet Walmart’s lawyers have taken to blaming the victim, claiming Morgan’s injuries could have been prevented had he been wearing a seatbelt. That’s right: Walmart claims that Morgan’s injuries are his own fault. In Maryland, this would not be a viable defense, as the Maryland Code provides that failure to wear a seatbelt cannot be used as the basis for a contributory negligence defense.

To deny their own culpability by placing the blame on Morgan’s shoulders is reprehensible.

Here’s what we do know, according to the Huffington Post:

• The driver had been on the job for about 13.5 hours
• The truck driver may have been awake for 24 straight hours
• The route from Georgia (his home) to Delaware (the job) is 700 miles
• The driver was speeding through a work zone on the NJ Turnpike; he was driving at 65mph, and construction zones are limited to 45mph
• The driver may have fallen asleep behind the wheel

To imply that Walmart did not know what lengths their drivers go to in order to perform their job is foolish; this is a company who spies on its own employees without real fear of repercussions. Their demands on suppliers are well-known by industry insiders and the public at large. It is difficult to believe that they would not know exactly what their drivers are doing.

What’s being done about truck driver fatigue?

Driver fatigue is a leading cause of truck-related accidents. The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration’s (FMCSA) rule for hours of service were changed in 2013 to lessen (if not eliminate) the number of fatigue-related accidents each year. The rule:

• Limits a driver to a 70 hour work week
• Permits drivers at the 70 hour mark to continue driving if they rest for 34 consecutive hours (including two 1:00am to 5:00am shifts)
• Requires a mandatory 30-minute break during the first 8 hours of a shift
• Requires truck drivers to take a 30-minute break during the first eight hours of a shift
• Limits drivers to 11 hours of driving in a 14 hour work day

Walmart, take responsibility for your actions and the actions of your driver.

Learn more about the Tracy Morgan case:

• Truckers and Sleep Apnea – What is the Law?
• Tracy Morgan Still on Path to Recovery
• Comedian Tracy Morgan Settles Case with Wal-Mart