Is Walmart’s defense in Tracy Morgan accident case legal?

It’s been four months since Tracy Morgan was involved in a truck accident that had taken the life of his friend James McNair. Although many have said the truck driver, who had been awake for more than 24 hours, was the reason for the accident, Walmart had recently stated that Morgan and his passengers were partly to blame for their injuries since they weren’t wearing seatbelts at the time. Is Walmart right legally in its court filing?

Obviously this is an attempt by Walmart to protect itself but its defense is still legal. According to New Jersey’s comparative negligence laws, although Morgan and his passengers were not the cause for the accident, since they were not wearing seatbelts which may have prevented their injuries, they are partially responsible for their injuries. It’s called contributory negligence which means that the plaintiffs’ neglect was part of the injury; however, the plaintiff’s negligence is not greater than that of defendants.

The result of the plaintiff’s negligence means the damages he/she can receive from the accident have decreased. So, if Walmart is found liable for the accident yet Morgan is 10 percent at fault because of his negligence, Walmart will only have to pay 90 percent in damages.

Is it possible that this may be the outcome for Morgan’s lawsuit? That’s up to the judge to decide.

Have you been in a trucking accident and need legal help? You’ve come to the right place. The Law Offices of Anthony Carbone have been fighting for auto accident victims for the past 26 years. Contact us today for a free consultation.