Guess what? You are the only perfect driver. Admit it; you have thought this before. Seriously though, no matter how vigilant you are, accidents happen.
Car accidents are scary no matter who’s at fault. There is an adrenaline rush, chaos, and sometimes you know what happened and sometimes you don’t. Your first instinct may be to jump out of your vehicle to find out what happened. Don’t do this.
Before getting to what to do in case of an accident, let’s talk about exactly what insurance is.
Basically, a car insurance policy protects you from paying for any damage or injuries if there is a car accident. Depending on the type of car insurance you have, it may cover damage to your car as well. Car crashes aren’t the only type of accidents that insurance covers. They also cover other things, such as hitting a stationary object like a tree, pole, or even your garage. Not to mention any animals that you aren’t able to avoid, like a deer.
Now, let’s get into what you really want to know. These steps work no matter who is at fault or even if you were involved in a hit and run. If you follow the steps, below you’ll discover filling out your paperwork is much easier when you know what to do if you’re in a car accident.
1. Check Yourself And Passengers For Injuries
Immediately check yourself and anyone that’s in the car for injuries. If anyone experiences neck or back pain, make sure they don’t move until help arrives. The adrenaline experienced in a car accident dulls your pain, and you may not realize the extent of the injury.
2. Check Your Surroundings & Get Out Of The Way Of Traffic
If there weren’t any injuries, check your surroundings and then move to safety. Check for the smell of gas and determine if you need to do anything to ensure everyone is safe. If you are in the way of traffic you need to move your car as long as there are no injuries.
While moving your vehicle, make sure you do it slowly and do your best to be calm. This is harder than you may think. Anyone who has been in an accident knows you can easily pull forward instead of reversing. These types of mistakes are common when you are in a high-stress situation. So really pay attention to what you’re doing to prevent further damage to your vehicle or the other party’s car.
3. Call The Police & Make A Report
No matter how minor the accident is, you need to call the police. If you are planning to file a claim with your insurance, a police report is mandatory. There are areas where police will not come out to a minor accident, especially in large cities.
When or if the police come out, you want to get their name, badge number, and contact information. You’ll also need to get a copy of the police report. Many places are moving their records online, and you’ll have to get your info off the internet. This will save time because if you don’t get it, your insurance company will have to.
4. Gather Information & Take Pictures
Especially if the police don’t show up, you’ll want to gather the other party’s information. You’ll need information such as their name, address, phone number, insurance information, and if there are any witnesses, you’ll need theirs too. As a side note, avoid discussing who’s at fault; stick to the facts.
If you have your cell phone with you, you need to take pictures of the vehicles and any injuries you or your passengers may have. There are times you may not be able to take the photos at the time of the accident. If not, then take them as soon as you can.
5. Seek Treatment & Notify Your Insurance Company
You must tell first responders about any pain you are experiencing after the accident and seek medical treatment immediately. You may not feel pain or think your injuries are minor but then experience pain a few days later. Having proper documentation will help prove the injury occurred due to the accident. If you experience new or worsening pain, you’ll want to immediately schedule an appointment with your doctor.
Sometimes people believe it is easier to negotiate a cash settlement with the other driver to avoid getting the insurance companies involved. This is a bad idea; You are liable for any damages above the cash settlement if you don’t contact your insurance company. Many states have a time limit on how long you can wait to file a claim, so it’s essential to do it immediately.
Most people think of car insurance as that useless bill you have to pay monthly… until you actually need it. You never know when or if an accident will happen, so make sure you have car insurance that best suits your needs and at a fair price. If you live in a no-fault state and don’t have car insurance, you can end up in a whole mess of trouble, especially with the law.
The steps listed above may seem like common sense, but you’d be surprised at how many people get lost in the heat of the moment. The truth is, many people act without thinking, and they instantly want to confront the other driver. Confrontation is something you want to avoid. Take the time to assess and breathe before doing anything foolish.
Nobody wants to be known for designing cars that people
crash. But cars used to be designed to look beautiful, rather than promote the
safety of their occupants. These days, manufacturers put their resources
towards making a safe car, right at the start of the design process.
There is a huge difference in safety between the best and the worst cars. In fact, a driver in the least safe car is 10 times more likely to be seriously injured or killed than in the safest car. So what makes a car safe? There are three elements: good structure, passive safety and safety assist technologies.
The structure of a car is its shell, and this is the main
protector. It has to withstand the force of a crash and channel those forces
away from all occupants. A good structure will protect the driver and
passengers and have effective crumple zones to absorb the energy of the crash.
During a crash, a safe car cabin can maintain its shape. The
steering column, dashboard, roof pillars, pedals and floor panels do not push
too much inwards. Doors remain closed, but can be opened afterwards for quick
rescue. Side door strength, padding and seating all protect from common, side
Passive Safety Features
Well-designed cars now have built-in safety features,
such as airbags, ABS brakes, electronic stability control, seat belts and seat
belt pre-tensioners to manage the forces of impact. While airbags have been
around a long time, they have become a lot more sophisticated.
Always look for front, side,
curtain and knee pedestrian airbags for maximum safety. For example, head-protecting side airbags such
as curtain airbags, work well in side impact crashes and rollovers.
Safety Assist Technologies
Advanced driver assist (ADAS) technologies actively help
to prevent or reduce the severity of a crash. They may be semi-autonomous or
fully autonomous. For example, intelligent speed adaptation (ISA), blind spot
monitoring (BSM) autonomous emergency braking (AEB) and active lane keep assist
(LKA). Note manufacturers currently use different terms for the same kinds of
systems, which can be confusing.
How do we know some cars are safer than others? From the
results of crash testing. US Insurance
Institute for Highway (IIHS) and Australasian New Car Assessment Program
(ANCAP) are two bodies that routinely conduct crash tests and award star
IIHS front-end crashed a 1997
Pontiac Trans Sport/Chevrolet Venture. The door frame buckled, the steering
wheel pushed into the driver’s face and the cabin completely collapsed. After a
redesign in 2005 using high-tensile strength materials and a more rigid
structure, crash forces dissipated through the floor. The engine slid under the
vehicle rather than into the driver.
ANCAP compared two models of Toyota Corolla 5-door
hatchback, one built in 1998 and one in 2015. The latest model has six airbags,
ABS, electronic brake force distribution and brake assist as standard. 1998 has
none of these. The 1998 model crumpled heavily with extreme risk of serious
head, chest and leg injury to driver and scored 0 stars. The 2015 model had
minimal damage and scored 5 stars.
Design Saves Lives
Nobody wants to see a member of their family or a friend get hurt in a crash. We know the design of a car is crucial to keeping the driver and occupants safe. Moreover, most insurers reward people who drive safer cars with lower premiums. Safer cars help protect the vulnerable people around you, who are innocently going about their business.
It is worth buying a car that is not only designed to be
beautiful, but keeps everyone safe.
Given the millions of snowbirds and family vacationers touring the Sunshine State every year, a good deal of these frequent Floridian auto accidents will involve out-of-staters. It is good to familiarize yourself, therefore, with Florida’s auto accident and injury laws before your departure.
Here are 4 things to be aware of:
1. Out of State Auto Insurance
The first thing to realize is that whatever mandatory state minimums your home state imposes as to auto insurance, Florida’s standard of $10,000 PIP (personal injury protection) and $10,000 property damage liability (PDL) will apply. Insurers have cooperated across state lines to allow for these types of situations, so you don’t have to worry about your car insurance “not working” with an out of state claim.
2. First Steps After an Accident
As in all states, you are required to stop at the scene of the accident and to assist anyone who may be injured to the best of your ability. Often, that may mean calling 9-1-1. Conversely, if you are the injured party, the other motorist owes this duty to you.
In any accident where more than $500 of property damage or any bodily injuries take place, you must report the accident to the local police as soon as possible. And if your vehicle is blocking traffic, you must move it or get it towed away if you are in a condition to do so.
Getting in-state legal advice early on is also key. In Tampa Bay, for example, the Doan Law Firm has a reputation for guiding both Floridians and visitors through the legal steps necessary to collect compensation after an accident. Don’t bear the pain and costs of injury and a wrecked car needlessly when you are entitled to be reimbursed.
3. Florida’s Comparative Negligence Law
In Florida, personal injury law is not so simple as simply identifying “the” at-fault party and having him or her pay for all losses suffered by the wronged party. Instead, your claim will be equivalent to the percentage of fault assigned to the other driver (and vice versa).
Thus, if you are deemed by the judge to be 30% at fault and the other driver 70% at fault, you can only collect 70% of the losses you suffered. And you will have to pay 30% of any losses suffered by the “mostly at fault” driver.
Insurance companies and defendants know about this law and they use it to try to diminish your claim unfairly at times. That’s why you need a local Florida personal injury attorney on your side. A good lawyer with a track record of success will bring “clout” that will force all involved to “play fair.”
4. Florida’s No Fault Car Insurance Law
But in order to be able to file a claim at all, you have to qualify for an exception to this state’s no-fault car insurance statute. Your insurance will have to pay regardless of fault unless you suffer a serious personal injury or the damages go beyond what the insurance policy will cover.
A “serious” injury is one that is permanent, leaves permanent scars or disfigurement, or that results in the loss of a bodily function. If that sounds a little vague to you, it’s because it is, and it takes a good lawyer to know how these phrases in Florida’s car accident laws will be interpreted in an actual injury case.
“[Venus Williams] is at fault for violating the right of way of [the other driver],” the report said, adding that there were no other factors like drugs, alcohol or mobile phone distractions.
The seven-time Grand Slam champion reportedly told police she did not see the couple’s car and she was driving slowly.
Venus Williams’ lawyer Malcolm Cunningham told CNN in a statement: “Ms Williams entered the intersection on a green light. The police report estimates that Ms Williams was travelling at 5mph when Mrs. Barson crashed into her.
“Authorities did not issue Ms Williams with any citations or traffic violations. This is an unfortunate accident and Venus expresses her deepest condolences to the family who lost a loved one.”
Next week, Venus Williams is due to play her 20th Wimbledon tournament in London, where she is seeded 10th.
Venus Williams and her sister Serena have dominated the women’s game for two decades.
Being involved in a car crash can have a devastating impact on both your physical and mental well-being; when financial woes are added on top of all of that, everything can seem a whole lot worse. Because of this, you should always attempt to seek as much professional legal help — in this day and age, there are a whole host of options out there. If you were the victim of a car crash, whether you were driving, a passenger or even a pedestrian, then you should most certainly make a compensation claim — below are a few of the steps that you should take in order to make one.
Immediately after the crash you should do all that you can to ensure that your claim remains as strong as it deserves to be and you get the maximum compensation owed to you in regards to a personal injury claim. First of all, you should always remember to remain as calm as possible and not let your emotions, that will understandably be all over the place at this point, get the best of you. Whatever you do you should not abuse the cause of the crash in any way: you should not swear or use abusive or offensive language towards them, and you must certainly not physically abuse them. If you do so, then you could be liable for a whole host of other legal ramifications. Secondly, even if it doesn’t seem as if the damage is too extensive or significant, you should still seek to call the police; doing so will mean there is an official report and document on the case to look back on if the case goes to court. At some point in the near future after the crash, you should seek to get a copy of the police report as it will contain all the vital information needed for you to be able to properly and successfully take the claim forward. Make sure to check out thesefive things you should not do after the crash, which includes leaving the scene prematurely or without some sort of documentation or record.
As soon as you are able to once you have in fact left the scene is to make notes on all the documentation you have received pertaining to the crash and the claim. This is because of the fact that you have to retain it all and could be asked to show evidence of it and any point; it should be readily available at all times. These notes could include: a written up report of what took place and the way in which you were treated by the cause of the crash in the aftermath;photographs of any injuries either yourself or your vehicle have received as a result of the crash; receipts that are in relation to any healthcare you or the car have to have to received subsequently, i.e. details about any X-Rays you’ve had or any work done to your car at a garage and any other receipts that relate to anything else you’ve had to spend money on or lost money on because of the crash, like a letter from your employer that verifies the fact that you’ve not been able to work.
You should then begin to take action in regards to getting the ball rolling with the claim itself. You should seek legal aid and guidance but should be aware that that a ‘one size fits all approach’ cannot be taken. There are different legal teams and companies that deal with different types of crashed; for instance, if you are a motorbike driver and have been involved in a crash, you should seek assistance from a specifically trainedmotorcycle accident lawyer so that you can rest assured that the people on your side know full-well what they are dealing with. Similarly, attorneys such asDavid & Philpot, P.L. offer an extensive knowledge, skill and experience when it comes to helping victims pursue compensation when they have been involved in an accident with a commercial vehicle, i.e. a truck. If you have been involved with an accident that involves a commercial vehicle, then the likelihood is is that the damage you or your vehicle received is extensive — you can take the pressure of dealing with your financial worries away by seeking the right assistance, leaving you more time to fix yourself or your vehicle by way of hospital treatment or garage treatment respectively. And all the while, you should be thoughtful of the way in which you carry yourself and the way in which you refer to certain aspects of the crash so that you never hamper your case in the eyes of the law. First and foremost, you should never refer to the incident as an ‘accident’ or that it was ‘accidental’, despite what other people may call it. Youshouldn’t call it an accident because of the fact that this may hinder your claim in regards to the authorises believing it wasn’t as severe as you are making it out to be in your reports and photographs.
The amount of compensation you will be liable to claim depends on the severity of the crash and the vehicles involved, but most importantly it depends on how you deal with the aftermath. There are online resources that assist with the calculation of the price of a car accident claim, such as this onefound here — when using this type of service, you should always be aware that the estimate it provides should be taken as a guideline only, and not the actual figure. So, if you ever find yourself unfortunate enough to be on the end-result of a car crash, then make sure to follow the advice and steps above so that you can optimise your chance of getting all the compensation that is rightly owed to you. No matter how safe you are as a driver, it only takes one bad driver to turn your day, and possibly your life, around. If they do, make sure you do all you can to make sure that they don’t get away with it lightly.
The first death potentially caused by self-driving technology is now being investigated by the National Highway Traffic Safety Administration (NHTSA).
The driver of a Tesla car died in Florida in May after colliding with a truck.
Under scrutiny is Tesla’s Autopilot feature, which automatically changes lanes and reacts to traffic.
In a statement, Tesla said it appeared the Model S car was unable to recognize “the white side of the tractor trailer against a brightly lit sky” that had driven across the car’s path.
Tesla said the crash was a “tragic loss”.
The collision led to the death of Tesla driver Joshua Brown, 40. The driver of the truck, which was pulling a trailer, was unhurt.
A video on YouTube, which appears to have been posted by Joshua Brown, shows a dashboard camera recording of a previous incident, with the car steering to avoid a truck in the next lane.
He wrote: “Tesla Model S autopilot saved the car autonomously from a side collision from a boom lift truck.
“Hands down the best car I have ever owned and use it to its full extent. It has done many, many amazing things, but this was one of the more interesting things caught on the dashcam.”
On June 30, Tesla stressed that cars being controlled by Autopilot had travelled 130 million safe miles to date.
Tesla said in a statement: “The high ride height of the trailer combined with its positioning across the road and the extremely rare circumstances of the impact caused the Model S to pass under the trailer, with the bottom of the trailer impacting the windshield of the Model S.”
“Had the Model S impacted the front or rear of the trailer, even at high speed, its advanced crash safety system would likely have prevented serious injury as it has in numerous other similar incidents.”
The NHTSA will look at whether the Autopilot function performed as expected, or was at fault.
Such investigations can sometimes lead to a recall. Should that be the case, it is likely Tesla would put out an “over-the-air” update to its cars, rather than having to physically take the vehicles back.
However, the incident could be a serious blow to the reputation of autonomous technology at a time when regulators across the world are considering how to safely introduce it on public roads.
Tesla’s shares dropped by 3% after the government said it would investigate the crash.
The Autopilot function was introduced by Tesla in October 2016. In a conference call, the company’s enigmatic chief executive Elon Musk urged caution in using the technology.
“The driver cannot abdicate responsibility,” he said.
In June 30 statement, Tesla said: “It is important to note that Tesla disables Autopilot by default and requires explicit acknowledgement that the system is new technology and still in a public beta phase before it can be enabled.
“The system also makes frequent checks to ensure that the driver’s hands remain on the wheel and provides visual and audible alerts if hands-on is not detected.
“It then gradually slows down the car until hands-on is detected again.”
In its statement, the NHTSA stressed: “The opening of the Preliminary Evaluation should not be construed as a finding that the Office of Defects Investigation believes there is either a presence or absence of a defect in the subject vehicles.”
Colin Vearncombe, who performed under the name Black, has died at the age of 53, two weeks after being injured in a car crash.
The singer, whose 1987’s single Wonderful Life was a top 10 hit around the world, suffered head injuries in the crash in Ireland on January 10, and was placed in an induced coma.
Black died on January 26 surrounded by his family in hospital, his publicist said.
His wife Camilla said she was “deeply grateful” to staff who cared for him.
Colin Vearncombe, who was in intensive care at Cork University Hospital, “died peacefully” with his family at his side “who were singing him on his way”, a statement said.
“Colin received the best possible care from the expert and highly professional staff there and we are deeply grateful for everything they did,” his wife and three sons said in a statement.
Born in Liverpool in 1962, Colin Vearncombe had his first top 10 hit with the single Sweetest Smile in June 1987 when he was 25 years old.
The singer’s second hit song Wonderful Life, which he had previously released but only got to number 72 in the charts, made the top 10 in the UK, Switzerland, Germany, France, Austria, the Netherlands and Italy.
However, despite having found fame, Colin Vearncombe later said “the pop star life” was not as he had imagined it.
Wonderful Life has since been used in numerous advertisements and films, and has been covered by artists including Tina Cousins and Katie Melua.
The album of the same name sold more than 1.5 million copies and peaked at number three.
Although he is best known for Wonderful Life and another 1980s single Sweetest Smile, Colin Vearncombe released 15 albums under his own name.
In 2015, he returned to his original stage name for a crowd-funded album, Blind Faith, which received positive reviews.
He has also published poetry and staged exhibitions of his paintings in south-west Ireland, where he lived in later life.
Hundreds of fans wrote messages of support on Black’s Facebook page following the crash.
Black’s publicist said there would be a private funeral, as well as a memorial service for him in Liverpool “as we know there are many, many people who will want to celebrate Colin’s life and work”.
Caitlyn Jenner has succeeded to settle her lawsuit with Jessica Steindorff, the driver of the Prius involved in the reality star’s fatal crash on the Pacific Coast Highway in February.
The reality star, then known as Bruce Jenner, slammed into a Lexus while driving down the busy Los Angeles parkway. The car’s driver, Kim Howe, was then sent into oncoming traffic, where she was struck and killed by a Hummer. After hitting Kim Howe’s car, Bruce Jenner then crashed into Jessica Steindorff’s Prius.
Jessica Steindorff, whose car was nearly totaled in the accident, sued Caitlyn Jenner in June. In her legal papers, the plaintiff maintained that in addition to the property damage, she was also seeking compensation for personal injuries suffered. The amount of the settlement has not been undisclosed.
However, Caitlyn Jenner’s insurance company reportedly paid for all of the damages.
The reality star still has two additional lawsuits in progress.
Caitlyn Jenner faces a wrongful death lawsuit filed by Kim Howe’s stepchildren, but Jenner has been fighting to get that claim dismissed, arguing that the plaintiffs had no relationship with their late stepmom and did not depend on her financially. Additionally, the five occupants of the Hummer involved in the collision filed a civil suit against Caitlyn Jenner earlier this month, alleging she was responsible for the accident due to driving recklessly and at an unsafe speed.
One Life to Live actor Nathaniel Marston has died of injuries sustained in last month car crash.
The 40-year-old actor was best known for his six-year run as Michael McBain on One Life to Live.
Nathaniel Marston’s mother, Elizabeth, confirmed her son’s passing in a Facebook post on November 11: “It is with a heavy heart that I share this devastating news… My beloved and cherished son… who was putting up the good fight until last night was not able to continue due to the traumatic and devastating nature of his injuries. Nathaniel passed away peacefully as I held him in my arms.”
The actor had been in critical condition following the accident, which took place near Reno, Nevada and left him with a broken neck and back.
His mother’s statement added: “Had Nathaniel lived he would have required a ventilator and would never have been able to utter one more word and would have been sentenced to life as a quadriplegic – a condition that Nate would have never have been able to tolerate.
“By Gods love and mercy Nathaniel was spared this living hell.”
Nathaniel Marston also appeared in episodes of Blue Bloods, Law & Order: SVU, Castle and White Collar.
Two senior Secret Service agents are being under investigation after a car crash at the White House.
The collision happened during the evening on March 4, Secret Service said.
According to the Washington Post, the agents drove the car into a security barricade after a night of drinking and partying.
The crash is the latest in a series of embarrassing incidents involving the agency charged with protecting President Barack Obama.
Photo AFP/Getty Images
The Washington Post has identified the agents as Mark Connolly, deputy in charge of the president’s security detail, and George Ogilvie, a senior supervisor in the agency’s Washington office.
They had been attending a party at a nearby bar before the incident occurred, the Post reported.
Witnesses reportedly saw the officers in a car with illuminated emergency lights and said they had shown their badges in an attempt to get through a secured section of the White House complex.
The car ran through security tape and hit temporary barricades that had been set up while security services investigated a suspicious package.
Over the past several months, several of the agency’s top officials have been forced to step down following multiple security lapses. A man from Texas was able to scale a fence and run into the White House while brandishing a knife before being detained.
The Secret Service is charged with protecting the president, vice-president, their families and other officials.
According to new reports, Bruce Jenner was driving at 38 mph during this month’s fatal car accident.
The former Olympian was traveling in his SUV along Pacific Coast Highway when he struck a Lexus, which then spun into oncoming traffic and was hit by a Hummer, killing the Lexus driver, Kim Howe.
Investigators had questioned whether speed could have been a factor in the deadly collision, but according to TMZ, the Sensing Diagnostic Module in Bruce Jenner’s car shows he was initially driving between 46 and 47 mph.
Bruce Jenner slammed on his brakes right before the impact, bringing his speed down to 38, per the data recorder. The incident reportedly took place in less than three seconds.
The new information could prove that Bruce Jenner was unaware of the traffic backup at a stop light ahead of him, as investigators continue to research whether he was driving too closely to the Lexus, and how much fault he bears for what happened.
After striking the Lexus, Bruce Jenner then hit the Prius that was in front of the other car. The accident was caught on tape by a MTA bus surveillance camera.
Bruce Jenner initially reportedly claimed he was being chased by paparazzi, but officials have said photographers were not near enough to have been a factor.
Conrad Hilton was injured in a car crash near Palm Springs, California, on August 23, TMZ reported.
California Highway Patrol officers told The Desert Sun that the 19-year-old younger brother of socialites Paris and Nicky Hilton was driving his BMW on Interstate 10 just before 12:30 p.m. when he attempted to change lanes and clipped the back of a Volkswagen Beetle. From there, Conrad Hilton apparently hit a tractor trailer before “coming to a stop on the side of the road”, the paper reports.
Conrad Hilton is the younger brother of socialites Paris and Nicky Hilton (photo Getty Images)
According to The Desert Sun, investigators have determined that drugs and alcohol were not a factor in the accident. Officer Stephanie Hamilton said, however, that Conrad Hilton had been speeding, and that “several motorists called him in for reckless driving”.
Three relatives of Pope Francis have been killed when their car slammed into the back of a truck on a highway in central Argentina, the Vatican’s official broadcasting service said on Tuesday.
Pope Francis’ nephew, Emanuel Bergoglio, who was driving the car was in serious condition following the accident just after midnight on Monday. Emanuel Bergoglio’s wife, 35, and two children aged 2 years and 8 months died.
Three relatives of Pope Francis have been killed in a car crash in Argentina
“The pope has been informed and is deeply grieved by the tragic news. He asks all those who share his pain to join with him in prayer,” said a statement on the website of Radio Vaticana.
The driver of the grains truck, Raul Pombo, told local television stations he felt the impact and found Emanuel Bergoglio’s vehicle wedged under the rear of his vehicle.
“I began stopping passing cars to ask for their fire extinguishers because the car was on fire,” Raul Pombo said.
The region’s highway patrol chief, Jorge Rainieri, called the impact “powerful” and TV pictures showed the mangled wreckage of the compact car. The accident occurred in Argentina’s central Cordoba province.
Tracy Morgan has been released from hospital, five weeks after being seriously injured in a car crash in New York.
Tracy Morgan will continue his recovery at home with an “aggressive outpatient program,” said spokesman Lewis Kay.
“He asked me to pass along his sincerest gratitude to everyone who has helped him get to this point.”
The actor’s legs, nose and ribs were broken on June y when a Wal-Mart truck crashed into his vehicle in New York.
The wreck killed comedian James McNair, who went by the stage name Jimmy Mack.
Tracy Morgan will continue his recovery at home with an aggressive outpatient program (photo Twitter)
Tracy Morgan’s assistant, Jeffrey Millea and comedian Ardie Fuqua Jr. were also injured in the crash.
On Thursday, Tracy Morgan’s lawyers sued Wal-Mart for negligence, claiming the retailer should have known that its driver had been awake for more than 24 hours, and that a 700-mile commute from his home in Georgia to work in Delaware was “unreasonable”.
“As a result of Wal-Mart’s gross, reckless, willful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages,” court papers said.
Truck driver Kevin Roper has separately pleaded not guilty to charges of death by auto and assault by auto charges.
Prosecutors said Kevin Roper had not slept for more than 24 hours before the crash on the New Jersey Turnpike, when he swerved to avoid traffic that had slowed down, ploughing into Morgan’s limo bus.
A report by the National Transportation Safety Board, said Kevin Roper had been driving at 65mph in a 45mph construction zone shortly before the crash.
Kevin Roper had been on the clock for 13-and-a-half hours at the time of the crash, the report concluded. Federal rules permit truck drivers to work up to 14 hours a day, with a maximum of 11 hours behind the wheel.
In a statement issued Saturday, Wal-Mart said it was “cooperating fully” in the ongoing investigation.
“We know it will take some time to resolve all of the remaining issues as a result of the accident, but we’re committed to doing the right thing for all involved,” the retailer said.
Tracy Morgan’s condition has been “upgraded” to “fair”, 10 days after he was badly injured in a car crash, his spokesman has said.
The comedian has made a “great improvement” and “his personality is certainly starting to come back as well”, Lewis Kay said.
Tracy Morgan’s medical condition has been upgraded to fair, 10 days after he was badly injured in a car crash
Tracy Morgan, 45, was described as “critical but stable” last week after breaking his legs, nose and ribs when a Wal-Mart truck driver crashed into his vehicle.
Driver Kevin Roper charged with death by auto and assault has pleaded not guilty.
Kevin Roper, 35, made his plea in court on June 11. Prosecutors said he had not slept for more than 24 hours before the accident on June 7.
He swerved to avoid traffic on the New Jersey Turnpike, crashing into Tracy Morgan’s van and killing comedian James McNair, known as Jimmy Mack.
The driver’s bail has been set at $50,000 and he could face more than a decade in prison if convicted.
Jeff Millea, Tracy Morgan’s 36-year-old assistant, who was also in critical condition after the crash, has been upgraded to fair condition as well. Fellow comedian Ardie Fuqua Jr. was also seriously injured.
Tracy Morgan is showing signs of improvement, according to his publicist, after being badly injured in a car crash on Saturday.
Tracy Morgan, 45, is in a critical but stable condition after breaking his legs, nose and ribs when a Wal-Mart truck driver crashed into his vehicle.
“Today was a better day,” said spokesman Lewis Kay, adding that doctors are “optimistic”.
Tracy Morgan’s friend, fellow comedian James McNair, died in the accident.
Tracy Morgan is showing signs of improvement after being badly injured in New Jersey car crash (photo Twitter)
Also known as Jimmy Mack, a memorial service was held for James McNair on Thursday in his hometown of Peekskill, New York.
Tracy Morgan starred alongside Tina Fey and Alec Baldwin in the comedy series 30 Rock and is a former regular on Saturday Night Live.
According to Lewis Kay, Tracy Morgan’s fiancée Megan Wollover is with him as he recovers from an operation on his leg and is relaying everyone’s good wishes.
Wal-Mart truck driver Kevin Roper has pleaded not guilty to charges of death by auto and assault by auto charges in court.
Prosecutors said Kevin Roper had not slept for more than 24 hours before the crash on the New Jersey Turnpike, when he swerved to avoid traffic that had slowed down, ploughing into Tracy Morgan’s limo bus.
Wal-Mart has said it believes Kevin Roper was in compliance with federal safety regulations but has promised to cooperate with the investigation.
Another two people were seriously injured in the accident after the limo bus flipped over, fellow comedian Ardie Fuqua Jr. and Tracy Morgan’s assistant, Jeffrey Millea.
Lewis Kay told reporters he had been informed by Jeffrey Millea’s wife that her husband had also “shown much improvement over the past few days”.
Wal-Mart truck driver Kevin Roper, who was charged over the fatal crash that also injured Tracy Morgan, is due in court today.
Court papers claim the 35-year-old driver had not slept for more than 24 hours before the accident early on Saturday morning.
Kevin Roper swerved to avoid traffic on the New Jersey Turnpike, crashing into Tracy Morgan’s limo bus and killing fellow comedian James McNair, known as Jimmy Mack.
The driver is facing death by auto and assault charges.
Kevin Roper was charged over the fatal crash that also injured Tracy Morgan
Tracy Morgan, who was nominated for an Emmy for his role in 30 Rock, is in a critical but stable condition after surgery on his leg at the weekend.
Earlier this week, Tracy Morgan’s spokesman Lewis Kay dismissed online rumors that his leg had to be amputated, calling them “completely fabricated”.
Tracy Morgan suffered a broken femur, a broken nose and several broken ribs in the accident, in which two other passengers were seriously injured.
One further passenger was treated and released from the hospital on Saturday while the limo driver and another passenger were unhurt.
New Jersey State Police have now released audio recordings of the three emergency calls made after the crash.
One unidentified woman told the operator: “It’s a terrible accident. The car flipped. It’s on its side. It’s two vehicles and a Wal-Mart truck.”
Tracy Morgan, who also starred in Saturday Night Live, was scheduled to start filming ten episodes of a new half-hour comedy show in August, for cable network FX.
“The only thing we are concerned with is the health and recovery of Tracy Morgan and the victims of this tragic accident,” said the network in a statement.
“We will support Tracy and his family in every way possible throughout his recovery. At the point when Tracy has recovered and decides that he is ready to go back to work, his show will be waiting for him.”
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