The serious injury of comedian Tracy Morgan, three other people and the death of fellow comedian, Jimmy McNair in a New Jersey truck accident has been a prominent story in the media since it occurred early Saturday in Cranbury Township, New Jersey.
According to reports, a semi-truck driver apparently failed to slow for traffic ahead and then swerved to avoid a crash. Instead, the reports indicated that the big rig smashed into the back of the chauffeured limo bus, resulting in the serious injury of four including Morgan and the death of one. Under New Jersey law, a person can be charged with assault by auto if he or she causes injury after knowingly operates a vehicle after being awake for more than 24 hours. According to the criminal complaint, it says the driver operated the truck, “without having slept for a period in excess of 24 hours resulting in a motor vehicle accident”. However, the complaint does not specify the basis for that assertion. Further evidence as a result of investigation will probably be required to sustain the complaint.
The accident apparently occurred in a chronically congested area of the New Jersey Turnpike where a five-year widening project is expected to be completed this year. A turnpike authority spokesman said two of the three northbound lanes had been closed about a mile ahead of the accident for roadwork which likely caused the traffic to slow. However, the spokesman said that officials have not seen an increase in fatal accidents in the construction area that spans about 35 miles.
The truck driver has been charged with death by auto and four counts of assault by auto. It is reported that the truck driver may not have slept for more than 24 hours before the accident. The Federal Motor Carrier Safety Administration has regulations regarding Hours of Service for commercial drivers. If, in fact, the driver had not slept in 24 hours, that would be a violation of the Hours of Service regulations of the FMCSA. Investigators and experts will be evaluating travel logs and witnesses to determine if the driver was in violation of the regulation. As well, the driver’s employer may be held liable for damages if they were not enforcing driver hours of service requirements. Of course, the truck driver has been charged, but not convicted of these charges. Further investigation and evidence will have to be presented before a judge or jury, depending on the court, will determine guilt. As well, a third party case may arise for personal injury. Personal injury cases do not try a person for criminal action, however, if someone is convicted of criminal charges in regard to driving that causes or contributed to an accident, those convictions can be critical in a personal injury case regarding liability.
Truck Driver Fatigue
This last February, a semi-truck accident on Interstate 88 resulted in the death of a tollway worker and serious injury to a Illinois trooper. As well, in that accident, the driver was reported to have been driving an extended time without rest when he rear-ended another semi that was broken down on the side of Interstate 88. The toll worker and the Illinois State Trooper were assisting the stranded semi-truck when another semi truck ran into it and killed the toll worker and seriously injured the trooper. Personal injury suits have been filed against the driver and possibly the motor carrier for whom the driver was employed.
Truck driver fatigue is a critical problem on our highways and interstates in the United States. When semi-trucks can weigh up to 80,000 pounds, they can be lethal if not driven safely. When any drivers are driving fatigued, they make more errors and have a slower reaction time. A semi truck traveling over 50 mph and weighing 50,000-80,000 pounds can have a devastating impact on occupants in a car or truck weighing anywhere from 3,000 to 6,000 pounds Therefore, the FMCSA sets regulations for all commercial drivers and motor carriers operating trucks in the United States.
Of course, the accident involving Tracy Morgan is still under investigation and the trial of the semi-truck driver involved in the Illinois I-88 crash has not been decided, it draws our attention to the very real danger of truck drivers who are driving fatigued. Like everyone, truck drivers are trying to make a living. If the truck driver employer sets unreasonable timelines thus forcing drivers to drive when fatigued, then the problem is bigger than just the driver’s choice. Ultimately, the choice to drive while fatigued is that, a choice.
Taking Responsibility for Choices
When each of us climbs behind the wheel, we are responsible for the choices we make while driving. Choosing to drive while impaired whether it is alcohol or fatigue is still a choice. Unfortunately, a person’s decision to drive while fatigued doesn’t always just impact them, but can have serious effects on the other highway travelers. When someone is injured or killed due to the act of another, it can be a case of negligence. If a driver is negligent and causes or contributes to the injury or death of another, they can be held liable.
According to the article, Wal-Mart Stores have indicated they “will take full responsibility” if authorities determine its truck caused the accident. According to statistics, Wal-Mart trucks have been involved in 380 crashes in the last two years. Further federal data shows that the crashes have caused nine deaths and 120 injuries. Wal-Mart has 6,200 trucks and 7,200 drivers according to the FMCSA and they drove 667 million miles last year. The driver on Saturday had equipment with a system designed to slow its speed and notify him of stopped traffic. At this time, authorities do not know if that safety system was working properly. Further investigation into the matter will be required.
The cause of a semi-truck accident often is triggered hours, days or weeks before the actual accident. If a truck is not maintained properly, that can occur weeks before the actual crash. When one first reads about the accident involving Tracy Morgan, we see that the driver swerved and then rear-ended the passenger limo bus, however, the decision to drive fatigued may have occurred hours before. Therefore, a thorough investigation is always required to determine what decisions and actions contributed tot he accident. Simply because of the notoriety of Tracy Morgan and the increased media attention to the crash, there will certainly be a thorough investigation by state officials and probably private investigators depending on the legal counsel.
If you have been involved in a motor vehicle accident and have been injured or if your loved one was injured or killed in a motor vehicle accident, you may need a personal injury attorney. Consultations are always free and expert accident attorneys are available to speak with you and answer your questions 7 days a week. Call toll free–1(800) 685-3302 or locally, (314) 276-1681.
