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More than driver fatigue at fault for Tracy Morgan crash?

Over the summer, news outlets published a number of stories regarding a fatal truck accident that involved actor and comedian Tracy Morgan. The accident was followed by individuals and agencies in New Jersey and across the nation, and not just become a celebrity was involved. The accident, which involved a Wal-Mart truck, brought truck safety requirements to the forefront of many discussions.

Now, Wal-Mart has filed documents in the lawsuit brought by Morgan against them. Among other information in the documents, which Wal-Mart said it was legally required to file, the company says that Morgan and his entourage played a cause in their own injuries. According to the documents, the individuals were not wearing seatbelts while riding in the limo van that was hit.

The accident killed one person and injured several others, including Morgan. Reports indicate that Morgan spent around a month in New Jersey for rehab for his injuries.

The driver of the truck was accused of causing the accident through driver fatigue and inappropriate operation. Reports are that the driver didn't sleep for over 24 hours prior to the accident and that he was traveling 65 mph in a 45 mph construction zone in the seconds prior to the impact.

A Wal-Mart spokesperson did say they are encouraging discussion regarding a settlement. The court filing made by the company was required to document facts that may impact the case in the future, said the spokesperson.

Individuals who are involved in a lawsuit following a car or truck accident may be surprised at the legal hoops either side must jump through during the process. Understanding legal requirements for a case is an essential step in moving toward a possible positive outcome.

Source: Fox Business, "Tracy Morgan says 'can't believe' Wal-Mart blaming him in deadly traffic accident" Oct. 01, 2014

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Gary D. Ginsberg is a Certified Civil Trial Lawyer who has been recognized as an expert in litigating cases in the courts of New Jersey.

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