On June 7, 2014, Tracy Morgan, beloved actor and star of NBC’s hit series 30 Rock, suffered a catastrophic injury after a truck accident. He sustained life-threatening injuries, including broken ribs, facial bones, and a shattered femur. Fellow actor and comedian James McNair, who was also in the limousine, died from his injuries.
Morgan was in a coma for eight days and did not regain sight for a full week upon awakening. He spent months in a wheelchair, slowly learning how to walk again. He also suffered a severe TBI, resulting in mood swings, depression, anxiety, and cognitive problems.
The Poole Law Group understands the incalculable loss of this talented actor’s potential. In this blog, we revisit some of the most commonly asked questions about the Tracy Morgan truck accident of 2014 and explore some of the truck industry safety changes of the last ten years.
How dangerous is drowsy driving?
Drowsy driving is a common cause of personal injury lawsuits. According to the FMCSA, driver fatigue is a contributing factor in 13% of all large truck crashes. The National Highway Traffic Safety Administration reports that roughly 100,000 crashes are caused by fatigued drivers every year, resulting in over 71,000 injuries. This puts drowsy driving in the same category as drunk driving and other types of driving impairments.
Drowsy Driver Accident in Maryland? Our Frederick Car Crash Attorney Can Help!
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What Happened After The Fatal Crash of 2014
The legal team representing Tracy Morgan filed a personal injury lawsuit against Wal-Mart for compensation. Discovery revealed that truck driver Kevin Roper had not only been speeding but had been awake for over 24 hours prior to the fatal crash; he had accepted contiguous (back-to-back) delivery shifts, failing to take the federally required driving breaks. Charged with vehicular homicide; Roper pleaded guilty and took a plea deal.
After this fatal tragedy, more people became invested in the ongoing problems with the trucking industry. When drivers are overworked, under-trained, and incentivized to drive dangerously long hours for greater profits, our roads become more dangerous for everyone. Morgan’s legal team proved that Wal-Mart failed to enforce the hours-of-service regulations set by the FMCSA.
Understanding the FMCSA Hours-of-Service Rules
The FMCSA is responsible for setting regulations that discourage overworking and reduce truck driver fatigue. One such regulation is the “34-hour rule,” which requires that truck drivers rest for 34 consecutive hours over the course of their work week. The Senate Appropriations Committee voted to suspend this regulation in 2014, citing insufficient evidence for harm reduction. Some people believe this suspension may have played a role in the Tracy Morgan truck accident.
Trucking Laws Changes Enacted since 2014
Several new trucking regulations have taken effect since the tragic and fatal accident. The defendant’s hours-of-service violation, coupled with the seriousness and publicity of the resulting accident, made the Tracy Morgan trucking accident a bellwether for several necessary changes in the trucking industry. Some of those changes are as follows:
Electronic Logging Device (ELD) Mandate (2017)
This rule required most commercial tractor-trailer drivers to use electronic logging devices to record their hours of service, aimed at reducing fatigue-related accidents. Because of this rule, all trucking fleets must now be equipped with electronic logging devices (ELD), as opposed to paper recordkeeping that could be easily altered or manipulated. The Electronic Logging Device (ELD) Mandate of 2017 makes roadways safer by ensuring that truck drivers adhering to hours-of-service regulations, which reduce instances of driver fatigue.
FMCSA Hours of Service Changes (2020)
In 2020, the Federal Motor Carrier Safety Administration updated their hours-of-service regulations to provide more flexibility for drivers, including changes to the short-haul exemption and the 30-minute break requirement. The FMCSA revised four provisions of the hours of service (HOS) regulations for commercial motor vehicle (CMV) drivers:
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Short-haul exception: This regulatory change extended the short-haul exception to 150 air miles and allowed a 14-hour work shift. This simply means that short-haul drivers are held to different hours-of-service standards than long-haul commercial truck drivers.
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Adverse driving conditions exception: The hours-of-service changes enacted in 2020 extended the driving window during adverse driving conditions by up to two hours. Driving in inclement weather necessarily increases the time needed to make a safe delivery; this regulation takes this into account so drivers will not be tempted to speed in unsafe conditions just to make a timely delivery.
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30-minute break requirement: Driver breaks are a critical part of a safe trucking practice. In 2020, the FMCSA required a break of at least 30 consecutive minutes after 8 cumulative hours of driving time. While this may seem minimal, studies showed that drivers were regularly completing 10- or 12-hour drives with little to no rest.
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Sleeper berth provision: Finally, the FMCSA Hours of Service Changes of 2020 modified the sleeper berth rule to allow drivers to split their required 10 hours off duty into two periods. This was added to allow more flexibility to truck drivers’ schedules, without sacrificing productivity.
Drug and Alcohol Clearinghouse (2020)
Finally, the FMCSA created the Drug and Alcohol Clearinghouse in 2020 to provide real-time updates into about drug and alcohol program violations for truck drivers and other commercial driver's license (CDL) holders. This database was established to help identify drivers with drug or alcohol violations, ensuring that they cannot return to duty without proper evaluation and treatment.
Have you been injured in a commercial truck accident? Call the Poole Law Group today for your free consultation: 301-790-3600.
The Tracy Morgan Truck Accident: Frequently Asked Questions
What caused the Tracy Morgan truck accident?
On June 7, 2014, Walmart truck driver Kevin Roper struck a limousine bus with multiple passengers on board, including actor-comedian Tracy Morgan and James “Jimmy Mack” McNair. The accident occurred on the New Jersey Turnpike.
The accident caused a chain reaction collision involving six other cars and several injured passengers. Tracy Morgan suffered multiple injuries, including a traumatic brain injury (TBI). Tragically, James “Jimmy” McNair died from his injuries.
Driver fatigue played a significant role in the crash. The Walmart truck driver had been awake for a shocking 28 hours; he had been driving over 24 hours at the time of the accident. (Federal Motor Carrier Safety Administration (FMCSA) regulations have strict limitations for the number of consecutive hours driven by truck drivers; Roper was in clear violation of these regulations at the time of the crash.
Excessive speed also contributed to the Tracy Morgan truck accident. Shortly before impact, Roper was traveling over 20 miles an hour over the speed limit; speeding, coupled with delayed reaction time from fatigue, meant that he was not able to slow or swerve in time to avoid impact with the traffic ahead of him.
Tracy Morgan’s legal team filed a lawsuit in July of 2014, alleging that Walmart failed to ensure that their driver was in compliance with FMCSA regulations.
What injuries did Tracy Morgan sustain after the truck crash?
Tracy Morgan suffered life-threatening injuries, including a traumatic brain injury (TBI), as well as a broken leg and several fractured ribs and facial bones. He was in a coma for eight days, and was unable to regain sight for a week upon awakening. Morgan had to learn how to walk again after months in a wheelchair. Morgan has reported chronic issues, including mood swings, depression, anxiety, and cognitive problems.
Who was found responsible for the Tracy Morgan truck accident?
Walmart assumed full responsibility for the devastating truck crash that seriously injured Tracy Morgan and killed Jimmy McNair. The defendant agreed to a confidential settlement; legal experts believe that the sum may have been in excess of $90 million. In an official statement, Walmart CEO Greg Foran stated on behalf of the company that “[we] are deeply sorry that one of our trucks was involved.”
What happened to the truck driver who hurt Tracy Morgan?
Kevin Roper, the Walmart truck driver who hit Tracy Morgan's limo in 2014, pleaded guilty to vehicular homicide and accepted a plea deal. This allowed him to avoid going to jail. His driver’s license was suspended, he was required to do 300 hours of community service.
How much did Tracy Morgan receive in his lawsuit against Wal-Mart?
The settlement agreed upon in Tracy Morgan’s truck accident lawsuit is confidential, but truck accident attorneys and other legal experts believe that the total settlement may be more than $90 million. Jimmy McNair’s children were awarded $10 million in 2015, and court documents, as reported in Reuters, suggest that more than 90% of the settlement award went to Tracy Morgan’s claims.
Injured in a Truck Accident? You Need the Poole Law Group
Truck accidents are not like other types of motor vehicle accidents; they often involve commercial defendants, multiple insurance policies, and significant damages. If you have been injured in a truck accident, you need a dedicated truck accident attorney to help resolve your claim for its full, fair value.
Our seasoned staff of truck accident experts stand ready to help you with your truck accident case. Call the truck accident attorneys at the Poole Law Group at 301-790-3600 for your free consultation.
