Last year, actor and comedian Tracy Morgan was involved in an accident when a Wal-Mart truck rear-ended the limo Morgan and friends were riding in, seriously injuring Morgan and fatally wounding one of his friends, fellow comedian James McNair. According to one news source covering the issue, the National Transportation Safety Bureau will meet next week in Washington D.C. to conduct a hearing investigating the cause of the fatal accident.
While the NTSB is still conducting its investigation into what occurred in the moments leading up to the fatal accident, a preliminary report issued just weeks after the accident showed that the driver was traveling 65 miles per hour in an area with a designated speed limit of 45 or 55 miles per hour due to ongoing construction. Additionally, there have been claims that the driver was awake and on the road for almost all of the preceding 24 hours, which is in violation of state and federal laws. In New Jersey, where the accident occurred, causing an accident after having not slept for 24 hours can result in an “assault by auto” charge.
Morgan was seriously injured with a broken leg, serious head trauma, and several broken ribs. James McNair was pronounced dead shortly after emergency responders arrived on the scene. Several others in the limo at the time of the accident also suffered varying injuries.
Civil Cases Brought By the Accident Victims
In a series of civil cases against both Wal-Mart and the driver of the truck, both Tracy Morgan and the family of James McNair have received compensation for their injuries and losses. While Morgan and two others in the limo at the time of the accident settled for an undisclosed amount, the children of James McNair settled for $10 million.
Recovering After an Accident
As Tracy Morgan’s fight to recover illustrates, it is not easy recovering after an accident. Between the physical trauma, emotional distress, and medical bills, recovering after a serious accident is a costly and emotionally draining affair. Thankfully, Washington D.C. law allows for those injured in an auto accident to seek monetary compensation from those they feel are responsible.
To prove a case against an allegedly negligent driver, an accident victim must meet the elements of a negligence lawsuit, which are:
- Duty – Did the defendant owe the plaintiff a duty to operate their vehicle in a safe manner?
- Breach – Did the defendant’s actions breach the duty of care owed to the plaintiff?
- Causation – Did the defendant’s breach of the duty of care cause the plaintiff’s injuries?
- Damages – Did the plaintiff suffer some kind of compensable damages?
Have You Been Injured in a D.C. Auto Accident?
If you or a loved one has recently been involved in any kind of serious car or truck accident in the D.C. area, you may be entitled to monetary compensation. To learn more about these kinds of lawsuits, including what you must establish in order to be successful, call one of the dedicated personal injury attorneys at the D.C. personal injury law firm of Lebowitz & Mzhen, LLC. Call today at 410-654-6500 to set up a free consultation.
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