Articles Posted in Levy County

Tracy Morgan has filed a lawsuit against Walmart following the catastrophic trucking accident that left him severely injured and killed another passenger. The New Jersey accident happened in June and ended up making national headlines after a truck driver smashed a tractor trailer into the rear end of the comedian’s limousine.

The lawsuit was filed on July 10th in the U.S. District Court in New Jersey. Morgan, along with three other survivors filed the suit naming Walmart as the defendant. The complaint alleges that Walmart was negligent and responsible for the driver that crashed into the limousine.

Tracy MorganAccording to a report released last month, the truck driver was traveling at 20 miles per hour above the speed limit on the New Jersey Turnpike when his tractor-trailer struck the rear of the Mercedes limousine van. Morgan suffered multiple fractures that required several surgeries. Morgan has since been released from the rehabilitation center and is continuing his recovery at home. The comedian will also have to endure aggressive outpatient treatment. The lawsuit names additional plaintiffs, including Morgan’s wife, who was eight months pregnant when the accident happened. The crash also killed 63-year-old comedian James McNair, who was better known by his stage name Jimmy Mack.

When a trucking accident occurs, it is very important for an independent investigation to be conducted in order to determine the exact cause of the accident and identify all responsible parties. A Florida Auto Accident Attorney at Whittel & Melton can uncover the facts of your car accident and pinpoint who is responsible.When a vehicle that is involved in an accident is owned by a company, such as Walmart, it is very important to consult with an attorney who can aggressively protect your rights. In cases like these, the driver can be considered an agent of the company, which means both can be held liable for accidents and injuries.

The lawsuit alleges that Walmart knew about or should have known that the 35-year-old Georgia driver had been awake for more than 24 consecutive hours at the time of the crash. In fact, federal trucking regulations restrict the number of hours a driver can work behind the wheel without sleep. Any federal trucking violation can be used as evidence for negligence in a personal injury or wrongful death claim. The initial investigation into Morgan’s crash revealed that the driver had not slept for nearly 24 hours before the crash occurred. The truck driver was actually arrested following the accident.

The state of New Jersey has found the truck driver criminally liable for the accident, charging him with one count of death by auto and four counts of assault by auto. The driver has entered a not guilty plea. If the driver is found guilty in the criminal case, the results can be used as evidence of negligence in the civil lawsuit.

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As National Safety month continues throughout the month of June, week 3 focuses on being aware of your surroundings.

According to the National Safety Council’s “Injury Facts” for 2014, contact with objects and equipment was responsible for 15.1 percent of workplace deaths in 2011. This was also the second leading cause of missed days from work in that same year. These injuries can happen due to falling objects or mistakably being hit by a moving vehicle, like a forklift or car.

To help avoid injuries from contact with objects or equipment, the Florida Personal Injury Lawyers at Whittel & Melton recommend the following for situational attentiveness and workplace safety:

  • Neatly store any and all materials.
  • Store all items at heights that are secure.
  • Heavy objects should be stored close to the floor.
  • To prevent a tip over, only open one filing cabinet drawer at a time.
  • Wear proper attire for your workplace setting, such as steel-toed footwear.
  • Do not overload moving equipment.
  • Do not operate any machinery or equipment that you are not trained to use.
  • Always exercise added caution when coming around corners or when you are near doorways.
  • Make sure all safety devices on equipment are in good working order before using them.
  • Exercise added caution when walking around corners and near doorways.

workplaceThe NSC’s mission during the month of June is to prevent unintentional injury and death by drawing attention to safe practices. As part of this effort, our personal injury attorneys in Florida urge everyone to be attentive and conscious of their surroundings.

If you or a loved one has suffered an injury or death due to another person’s carelessness or negligence, contact a Florida Personal Injury Attorney at Whittel & Melton for help. Our personal injury law office handles all types of accident, injury and wrongful death cases.

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