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On June 7, 2014 Morgan was involved in a car crash that left him with numerous injuries, including a traumatic brain injury. The car crash claimed the life of his friend and mentor, comic James McNair. Just a week after reaching a settlement in his lawsuit against Walmart, the "30 Rock" star sat down with <em>Today</em> show host, Matt Lauer. This is the first time the actor has made an appearance since the accident. Morgan's attorney, Benedict P. Morelli, accompanied him.
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"The case is settled, but the pain is always going to be there for Jimmy Mac," Morgan said, clutching the cane he now uses. "Bones heal, but the loss of my friend will never heal."
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The Car Accident
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Last June Morgan and several friends were traveling along the New Jersey Turnpike on their way home from a performance when the limousine they were traveling in was rear-ended by a Walmart truck. Morgan suffered a broken leg, several broken ribs, <a href="https://www.personalinjuryattorneys.me/brain-injury-attorney-phoenix/">severe brain trauma</a>, and was left in a coma for two weeks. Two others were seriously injured and McNair was killed in the collision.
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"I can't believe I'm here. I can't believe I'm in front of you," the comedian said, emotionally. "I can't believe I'm just here, and just seeing the tragedy that happened. It touches me."
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Morgan does not remember the accident, but he does remember waking up and seeing his fiancée and son at his bedside.
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"There are times where I have my good day and my bad days, where I forget things," he said. "There are times where I get the headaches, and the nose bleeds. I won't even let my lady know because I don't want her to be worried about it."
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Throughout the interview both the comedian and his lawyer thanked the medical staff, the emergency assistance crew, the bus drivers, and countless other people who helped him and his friends during the aftermath of the accident as well as through his recovery. He also thanked his family and friends, singling out fellow "30 Rock" star Tina Fey. "I've been down — they keep my spirits up," he said.
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Morgan's last memory of his friend "Jimmy Mack" was from the show they performed at the night of the crash. He remembers McNair standing at the side of the stage and laughing during his performance. He did not find out about his friends passing until he emerged from the coma. Following his return home, Morgan looked up the accident and McNair's funeral on YouTube.
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"I had to know what happened to my friend. I had to know. I had to pay my respects, and that was my way," he said.
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"He was a close friend of mine, a comrade in comedy. He was a loving man, and he was a warm man. He was a good man. It's just hard for me to see that he's gone."
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The Lawsuit
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During the interview, Morgan expressed he was happy to see that "Walmart stepped up to the plate in a tremendous way. They took full responsibility." The lawsuit was settled just last week. While a settlement was reached, details remain confidential.
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“Walmart did right by me and my family and for my associates and their families,” said Morgan about the settlement. “I am grateful that the case was resolved amicably.” Morelli added, “There was money involved because that’s the only thing that we can use to compensate people who are very injured, and you know that Tracy was close to death.”
Compensation Following Car Accidents
After a serious car accident, you may be affected on many different levels ranging from bodily harm, disability, and loss of wages to the compensatory damages or economic damages that go along with the destruction of property. Examples of compensatory damages that an attorney may attempt to obtain compensation for include:
- Current and ongoing medical expenses, including: hospitalization, surgical procedures, doctor visits, emergency room visits, medication, and assistive devices.
- Lost wages as a result of recovery and time lapsed between the injury and settlement of the lawsuit.
- Loss of earning ability. During an accident a victim’s potential to earn a living can be adversely affected a a result of injuries sustained.
Non-economic losses such as the following can be more difficult to determine:
- Pain and suffering
- Mental and emotional distress
- Loss of marital benefits or consortium as a result of the accident
- In the case of a defendant operating under malicious intent, punitive damages may be administered as a form of punishment
Personal injury lawsuits can be brought for any of the following types of accident causes:
- Driving while intoxicated
- Collisions and accidents involving multiple parties and drivers
- Reckless and negligent driving
- Vehicle rollovers
- Various collisions, such as rear-end, side-impact, head-on, and sideswipes
Working with an attorney is the best way to ensure you or your family receive compensation if they have been in a serious car accident. Bringing a lawsuit against a person can be very difficult, especially if the person you are suing is a large corporation, such as Walmart in the Tracy Morgan case.
There are also multiple forms of car accident claims that can be filed. A personal injury attorney will be able to help you determine if your your car accident falls under the category of:
Negligence: This is the most frequent type of car accident lawsuit. It is the result of when another driver fails to properly operate their vehicle or abide by accepted driving laws and standards. Defendants may be drivers who are intoxicated, reckless, passengers, cyclists and pedestrians.
Liability from Manufacturer: This is when an accident and/or injury results from a manufacturer’s defect, whether it be from design, labeling or product malfunction that originated during the manufacturing process. Examples of past lawsuits for manufacturer liability include defective tires, brakes, engines, seatbelts, airbags and accelerators.
Road Design: When accidents occur based on poor maintenance of roads, road construction, design or defective road features. Examples of past lawsuits for road design include uneven surfaces, incorrect signage, poorly designed or placed barriers, guard rails, speed bumps and medians, improper design of embankments, poorly designed intersections, crosswalks, illumination and traffic flow.
Wrongful Death: In the case of the loss of a loved one as a result of another’s negligence, the family and survivors of the victim may have legal recourse.
Morgan and Walmart Settle
Kevin Roper, the driver of the big-rig that crashed into the limo bus that was carrying Morgan and his friends that evening faces criminal charges but was not named as a defendant in Morgan’s lawsuit. A separate criminal complaint alleges Roper was driving truck without sleep for over 24 hours and was driving 20 miles over the 55 mph speed limit.
Roper has pleaded not guilty to death by auto and assault and currently is on bail.
Morelli was impressed by Walmart’s actions. “[We] do feel that they did take full responsibility,” he said. “I was very, very surprised, pleasantly surprised that Walmart stepped up to the plate.”
“Our thoughts continue to go out to everyone that was involved in the accident,” said Greg Foran, Walmart U.S. president and CEO at the time of the settlement. “While we know there is nothing that can change what happened, Walmart has been committed to doing what’s right to help ensure the well-being of all of those who were impacted by the accident.”
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According to Morelli, Morgan is, "very happy to have put the litigation behind him and have closure to this tragic part of his life," he added.
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While Morgan says he expects to return to the comedy scene, he acknowledged he still has a lot of work before he can return.
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"I love comedy. I'll never stop loving her. I love comedy and I can't wait to get back to her, but right now my goal is just to heal and get better because I'm not 100 percent yet, I'm not," he said. "And when I'm there, you'll know it. I'll get back to making you laugh. I promise you."
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Working with a Personal Injury Attorney
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The attorneys at Personal Injury Attorneys PLLC have experience handling personal injury cases such as motor vehicle, bus, and motorcycle accidents. It can be difficult dealing with injuries and extensive damages suffered during an accident caused by DUI, distracted driving, or drowsiness, or general negligence. Following an accident, victims are commonly left with questions and concerns regarding how they can successfully obtain compensation. There are many complicated insurance claim stipulations that can leave you confused. The help of an expert personal injury attorney who is well versed in the laws specific to automobile accidents in Arizona can help ensure you get the settlement you need and deserve.
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After contacting an attorney, they will investigate the specifics of the crash. The more information you can provide to them, the better. That means specifics of the crash, any witness information, any medical bills or time spent in hospital, and the specifics of your injuries. They will build a case for you based on these specifics and then defend you should the case go to trial. You'll want to work with experienced personal injury attorneys like the ones at Personal Injury Attorneys PLLC.
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