At first, Wal-Mart seemed deeply regretful about the June 7th crash that put Tracy Morgan in the critical care unit and tragically killed comedian Jimmy Mack. Wal-Mart had immediately issued a statement after their driver caused the horrific wreck on the Jersey Turnpike:

 “If it’s determined that our truck caused the accident, Walmart will take full responsibility.”

Now four months after the awful accident, the corporate giant is now singing a different tune. Finally responding to Tracy Morgan’s lawsuit filed in July, in a nutshell Wal-Mart is claiming they are now not liable because the victims weren’t wearing seatbelts. What a chicken shit response from a company that pretends to a responsible corporate citizen.

You would think that Wal-Mart would rather avoid the potential PR hit and just pay out a settlement but it looks like the almighty dollar has won out. Don’t expect that $15 an hour anytime soon Wal-Mart employees. Considering that fatalities were involved, trying to weasel their way out of the law suit isn’t helping the public perception of Wal-Mart’s all-encompassing greed.

3dscan

The 3D scan of Tracy Morgan’s vehicle after the accident

Morgan’s lawsuit claims that the truck’s driver, Kevin Roper, hadn’t slept in more than 24 hours which medically is worse than being drunk when it comes to driving safety and is in violation of Federal Motor Carrier Safety Administration regulations. In addition, the Wal-Mart driver had been working around 13 hours which is near the legal limit for truckers. Roper has plead not guilty to death by auto, speeding, and other charges.

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Would anyone try to say a drunk driver that killed anyone should get off the hook because the victims weren’t wearing seatbelts? Well maybe if the drunk driver has a full time legal team under retainer he could get out it.

Roper was certainly foolish to work after being awake all night and he’ll regret for the rest of his life. Nonetheless, he is Wal-Mart’s employee and the company is liable. In all likelihood, Wal-Mart knows they will be paying out something in lieu of the accident and the “no seat belt defense” is probably a sleazy lawyered-up response to try and reduce the amount. When you think about how many trucks Wal-Mart must have on the road at any given time, they should certainly have some kind of procedure to make sure their drivers have a safe amount of rest so nothing like this happens again.

Morgan came within an inch of losing his life and lost a good friend in the process. Wal-Mart aggressively pursuing this course of action makes the company seem heartless and draws even more bad press upon them considering Tracy Morgan’s popularity. This defense has little to no chance of succeeding and will only result in the company paying in public perception and hard cash in the long run.

Update: Tracy Morgan Speaks Out For The First Time Since His Accident

Featured image: Kathy Hutchins / Shutterstock.com

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