Comparative or contributory negligence is a legal defense which allows the plaintiff to negate damages that they may be required to pay for a negligence claim. A defendant may establish a defense that the plaintiff’s own negligence contributed to their injuries..
Wal-Mart is claiming comparative negligence in the negligence lawsuit that comedian Tracy Morgan has filed after he was seriously injured when a Wal-Mart truck struck his limousine saying that Morgan and his companions failed to wear seat belts..
Morgan has filed a civil claim against Wal-Mart claiming that Wal-Mart was negligent in the car accident in which Morgan and two others were seriously injured and his friend James McNair was killed.
According to a police investigation of the accident, a truck driven by Kevin Roper, a Wal-Mart employee, rear-ended a limousine containing the comedian and his friends. Roper faces criminal charges including vehicular homicide and assault. According to charges, Roper conduct was reckless and negligent; Roper was speeding prior to the accident and that he fell asleep while driving. Charging pages claim that Roper did not sleep for a full 24 hours before the accident.
Wal-Mart’s response to Morgan’s complaint is an attempt to reduce the amount of damages that they may be liable for. Morgan and his companions now have a burden of proof to disprove their own negligence.
Morgan of course is upset that Wal-Mart is blaming him for his own injuries. His attorney claims that seat belts had nothing to do with the seriousness of the injuries. Morgan’s limousine was apparently at a “dead stop” when the Wal-Mart truck traveling at 65mph slammed into it.
This will be a case to watch. We are sure that Morgan and his companions have secured excellent legal counsel who will fight for them and assist them in maximizing their recovery in this case.
This information is provided by Seattle car Accident Lawyer blog, a service of The Farber Law Group. We represent people who have been seriously injured in motor vehicle accidents and the family of those killed.