As reported by Overdrive Online: Four survivors of the June 7 New Jersey Turnpike truck crash that
left comedian James McNair dead and actor Tracy Morgan in critical
condition are suing Walmart Transportation, claiming the private carrier
was “careless and negligent” in its oversight of drivers and equipment,
which led to the crash, the lawsuit alleges.
Tracy Morgan is among those suing. The suit was filed July 10.
NTSB: Truck operator in Tracy Morgan crash was within hours limits, but speeding. |
The Walmart driver, Kevin Roper, reportedly was awake for
24 hours prior to the crash, though the National Transportation Safety
Board in its preliminary crash report said he was within his
hours-of-service limits, both in on-duty time and in driving time.
However, Roper had to commute in his personal vehicle 700 miles to
the Walmart terminal in Delaware where he worked, the lawsuit notes and
news outlets have reported. During the commute he was not on-duty.
The lawsuit stems from Roper’s odd commute, alleging “Wal-Mart knew,
or should have known, Mr. Roper was awake for more than 24 consecutive
hours immediately before the subject accident.” The lawsuit alleges
Roper fell asleep at the wheel, ultimately leading to the crash.
Walmart issued a statement responding to the lawsuit, saying it is
cooperating with the investigation and is “committed to doing the right
thing.”
“This has been a terrible tragedy,” the statement says. “We wish Mr.
Morgan, Mr. Fuqua Jr., and Mr. Millea full recoveries. Our thoughts
continue to go out to them, their families and friends, as well as to
the families and friends of everyone involved, including Mr. McNair who
lost his life. We are deeply sorry that one of our trucks was involved.
As we've said, we’re cooperating fully in the ongoing investigation. We
know it will take some time to resolve all of the remaining issues as a
result of the accident, but we’re committed to doing the right thing for
all involved.”
The suit also accuses Walmart of intentionally and regularly
violating federal hours-of-service (HOS) limits for drivers, saying it
“condoned this practice of its drivers routinely violating” federal
rules.
The private fleet also failed to factor in driver commutes into its scheduling, the suit claims.
Driver pleads not guilty in crash charges, HOS argument brims. |
“Wal-Mart had a custom and practice of recklessly and intentionally
allowing its drivers to drive for prolonged and unreasonable periods of
time, making them exceedingly vulnerable to suffer from fatigue,” the
suit reads, adding that it also “recklessly and intentionally failed to
take proper measures to combat” driver fatigue.
Lastly, the suit alleges the Walmart truck involved in the crash was
equipped with an autonomous braking system, which did not deploy prior
to the accident. Walmart “knew or should have known” the autonomous
braking system was “compromised,” the lawsuit claims.
In addition to Morgan, comedian Ardley Fuqua Jr. is a plaintiff,
along with Morgan’s personal assistant, Jeffrey Millea, and Millea’s
wife Krista. The group — along with two others, including James McNair —
were traveling in a Mercedes Sprinter van from one comedy show, where
they were performing, to another.
They’re seeking actual, compensatory and statutory damages, punitive damages and attorney’s fees and court costs.
Roper has been charged with counts of vehicular homicide and assault
by auto, to which he has pleaded not guilty. NTSB’s report concluded
that Roper was traveling more than 20 mph over the posted 45 mph speed
limit.
The crash also made the debate over the 2013 hours-of-service rule a
national issue, causing lawmakers and celebrities to condemn Senate
action in June to rollback certain HOS regs.
The Senate’s annual Department of Transportation funding bill
includes an amendment that would suspend two of the 2013 rule’s 34-hour
restart provisions, including the once-per-week limit and the
requirement that the restart include two 1 a.m. to 5 a.m. periods.
New Jersey Senator Cory Booker proposed an amendment to strip that
amendment from the bill. However, the bill has been idle in the Senate
for nearly a month now.
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