The children of James McNair, the comedian killed in a June 7th accident, have received a $10 million settlement from Wal-Mart, whose employee has been held responsible for the crash. Comedian Tracy Morgan, who incurred broken bones and a traumatic brain injury, and two other passengers have also sued Wal-Mart for damages.
Morgan, McNair, and others were passengers in a limo bus heading home from a show in Delaware when they were struck by a Wal-Mart truck. A preliminary investigation by the National Transportation Safety Board has shown that the truck was travelling about 65 miles per hour before impact, and that the driver, Kevin Roper, had allegedly been driving without sleep. While the normal speed limit in the area of the accident is 55 miles per hour, it had been lowered to 45 miles per hour to accommodate construction.
While Wal-Mart and McNair’s children have settled the wrongful death matter, the retailer has yet to discuss a brain injury settlement with Morgan or the other passengers’ car accident injury claims. Many people who have experienced brain injury accidents are unaware that they are so severely injured, as symptoms may seem mild at first. Others have found that the effects of a brain injury may last for years, and gradually worsen. Because of this, it is important to make sure that any brain injury settlement amounts will cover the costs of future care.
While the effects of brain injuries due to car and bike accidents vary from patient to patient, they usually involve missing out on normal activities. For Tracy Morgan, that meant missing out on the 40th anniversary of Saturday Night Live and being unable to watch a tribute to him written by Tina Fey. For the family of James McNair, the effects were more damaging.
While attorneys for the injured and deceased allege that Wal-Mart’s truck driver was speeding, Wal-Mart counters that none of the bus passengers were wearing seatbelts at the time of impact. This is a great source for more.