Walmart Truck Driver Pleads Guilty To Vehicular Homicide In Tracy Morgan Case

Back on June 7, 2014, Tracy Morgan, actor and comedian known for his antics on the TV show Saturday Night Live and for his character Tracy Jordan, on the TV show 30 Rock, was involved in a truck accident with a few of his friends. The crash with a Walmart truck left Morgan with a traumatic brain injury and several broken bones including his ribs and caused him to be in a coma for 6 days. Morgan's friend, fellow comedian James "Jimmy Mack" McNair, was killed in the truck crash. Now, two and a half years later, Morgan can finally put his truck accident behind him for good.

According to CNN, Kevin Roper, the driver of the Walmart truck, pled guilty to second-degree vehicular homicide and four counts of third-degree aggravated assault in Middlesex County Superior Court, in New Jersey. Roper was responsible for crashing into Morgan's chauffeured limo on the New Jersey Turnpike in Cranbury, New Jersey. At the time of the accident, Roper had been behind the wheel of the Wal-Mart truck after not sleeping in the past 24 hours. He had decided to drive 12 hours to work before starting his 14-hour shift, which according to federal regulations, which state that truck drivers should have at least 10 hours off in order to have enough time to sleep, is illegal. 

"Mr. Roper entered a guilty plea to certain counts of the indictment pending against him," Roper's attorney David Glassman told CNN in a statement. "In exchange, he was granted admission into the PTI program (pretrial intervention program)." By entering a 3 year PTI program Roper will be able to maintain a clean record, and the charges against him would be dismissed upon completion of the required 300 hours of community service while staying arrest free. 

Glassman’s own opinion of the court's decision was that the deal was "an exceptional result and opportunity given the serious nature of the charges and potential for far more serious outcomes. Kevin is grateful for this opportunity to get these charges dismissed and move on with his life."

As for Walmart's role in the crash, “Safety is the absolute highest priority for Walmart,” the retailer said in an emailed statement acquired by CBS New York. A Walmart company spokeswoman said that Roper’s truck was equipped with a system designed to slow its speed and notify him of stopped traffic ahead, but it is unknown if the system was working at the time. 

However, due to the notoriety of the accident, Walmart made an undisclosed settlement with Morgan back in May 2015. The only statement made about the settlement came from Morgan who said, "Walmart did right by me and my family, and for my associates and their families. I am grateful that the case was resolved amicably."

Tracy Morgan is currently on a comedy tour titled, “Picking Up The Pieces.” 

The Center for Disease Control and Prevention (CDC) reports that 72,000 crashes and 800 deaths are attributed to drivers who fall asleep behind the wheel.  The CDC states that the warning signs of drowsy driving include lane drifting, frequent yawning or blinking, and difficulty remembering the last few miles. If any of these symptoms occur, it is best for drivers get to a secure location and rest until they are able to proceed to their destination. If you or anyone you know has been involved in an accident involving a driver who fell asleep at the wheel, please feel free to contact the Michigan Law Firm PLLC. Our attorneys are highly qualified in dealing with a variety of motor vehicle accidents. Call us today, 844.4MI.FIRM, for a free consultation.

40 Car Pileup On I-96 Causes 3 Deaths

Around 9:30 AM on Thursday, December 8, 2016, Michigan's Livingston County Police dealt with a 40 car pileup that left 3 dead and 11 injured on the westbound side of I-96 between the the Okemos and Williamston exits. The pileup was a result of the recent snowfall causing whiteout conditions and had later frozen over the roads making them a hazard. 

“It was very chaotic for them to get to the victims to assess the situation,” Livingston County's Lt. Eric Sanborn said at a news conference.

When the police finally arrived to the scene, they found a semi-truck that had been jackknifed across the majority of the lanes on I-96. They counted about a dozen vehicles that were scattered across ditches. Some drivers were located on the median or shoulder of the highway and several dozen other vehicles were found to be severely damaged and had to be quickly removed from the road. 

The accident was so extensive, that the police closed down both the east and westbound lanes in order to rescue the cars that had slid into the median. Authorities also had to extend westbound I-96’s closure from M-59 to M-52 until later that evening, in order to properly remove the vehicles from the roadway. The eastbound expressway later opened for traffic at 2:50 PM.

Kathleen Gray, a Detroit Free Press reporter, was headed to Lansing, Michigan when she encountered the accident. She said the pileup caused "the most terrifying sound" she ever heard. Gray herself was almost hit by a tractor-trailer that skid on the ice behind her and was unable to flee due to traffic being at a standstill. "Fortunately, he was able to stop before plowing into me," Gray said, noting that "it probably took about an hour to get through the accident scene. Traffic was able to pull around the jackknifed tractor-trailer on the shoulder of the freeway."

With this recent snowfall and future ones in Michigan's forecast, drivers should let this accident serve as a grim reminder to drive slow, when there is snow.

As stated by the Free Press, the Michigan Department of Transportation announced that they, along with several road commissions and municipalities, will start using green lights on winter maintenance vehicles, which they hope will better catch drivers' attention and help reduce car crashes. No matter what precautions are taken however, car accidents are still always possible. If you or someone you know has been in an auto accident caused by hazardous weather conditions, please contact The Michigan Law Firm PLLC. Call us, at 844.4MI.FIRM for a free consultation.

Ann Arbor's Traffic Enforcement Campaign

Two years ago, Ann Arbor, Michigan was the target of a traffic enforcement campaign intended to get drivers to stop and yield to pedestrians at crosswalks. To enforce the campaign, officers were stationed at 36 crosswalks. Within six months, Ann Arbor police made over 1,300 stops, issued 480 citation,s and 903 warnings for speeding and other violations. This has led to an 11% drop in traffic stops within Ann Arbor. 

Of course, the campaign has received complaints but, since Ann Arbor pedestrian car accidents have decreased, the city council is looking forward to implementing the same campaign at Western Michigan University (WMU). The council has assigned $150,000 to WMU in order to increase driver yielding rates at crosswalks, more importantly, mid-block pedestrian crossings. The money is budgeted to pay the policing staff for overtime, work assignments, data preparation, field reviews, project managers and improvement to infrastructure such as signs and pavement markings. The city also intends to find and work with community partners like the Washtenaw Bicycling and Walking Coalition to address issues such as pedestrian safety. 

Since Ann Arbor's sidewalk ordinances are different from the rest of Michigan, the police are trying to make sure people are informed. This creates a bit of a challenge when some of the drivers who aren’t from Ann Arbor. 

Ann Arbor Police Officer Jamie Adkins, took the time to educate citizens about mid-block pedestrian crossings and what you should do when approaching them by saying, "[These are] marked crosswalks and unmarked crosswalks that have curb cuts. There are some nuances to it in terms of if they're coming into your path versus moving away from your path, but the crux of it is that Ann Arbor requires motorists to stop for pedestrians who are waiting to cross at the crosswalk.”

"The original program's success has been found to be sustainable through follow-up research four years later,” wrote city traffic engineer, Cynthia Redinger, in her memo explaining the study.

The study has also gained recognition in Florida through Ron Van Houten, a psychology professor at WMU, who is looking to implement the study for the National Highway Traffic Safety Administration. Drivers nationwide can look forward to seeing pedestrian crosswalk ordinances being enforced for public safety through traffic citations. With the nation's growing concern of accidents caused in pedestrian crossing zones, it was only a matter of time before states took notice and started to correct the problem. 

Ann Arbor's traffic enforcement campaign has brought to light how supplementing enforcement and education can greatly improve pedestrian and motorist safety. Studies have proven, that in changing drivers attitudes when approaching and yielding at crosswalks, it can, in turn, improve traffic flow and keep accidents from occurring in pedestrian crosswalks. If you or somebody you know has been injured by a driver neglecting to adhere to crosswalk ordinances, please call The Michigan Law Firm, PLLC.  Call us today, at 844.4MI.FIRM for a free consultation.

Macomb County Cop Found Not Liable For Dog Bite

Earlier this summer in Macomb County Circuit Court, Sheriff Deputy Kevin Szlaga was sued by Gail Foster of Kentwood, Michigan after Szlaga's police dog, Zeke, bit Ms. Foster on the forearm. The Michigan Court of Appeals overturned the lawsuit in a 2-1 decision claiming Szlaga has governmental immunity since he was operating within the course of his employment. 

The dog-bite accident occurred at Szlaga’s cottage in Clare County while both Szlaga and Zeke were off duty. According to Macomb Daily, Foster was attending a bonfire that Szlaga was hosting for the new neighbors in the area and tried to reach around Szlaga’s wife to pet Zeke. Zeke, who was tethered to the porch of the cottage at the time, bit Foster. As a result of the bite,  Foster required skin grafts and has been left with two permanent scars. The lawsuit asserts that Foster was attacked, but Macomb County attorneys state that she contributed to the dog bite by entering Zeke’s tethered range. 

Foster’s attorney, Glenn Saltsman maintained that immunity should not be applied in this instance because it wasn't a governmental function in which Szlaga and Zeke were exercising their police duties. Since the bite happened while on vacation and on private property, Saltsman argued that Szalaga was acting as a private citizen despite the dog being county property.  

County attorneys on the other hand, stuck by their convictions that Szlaga and by extension the county, are protected by governmental immunity and that if Szlaga were to be sued for anything, it would be gross negligence. Since Foster is found to be contributing to the bite and could have been informed of the dog’s history due to public records, the attorneys believe the suit should be dropped and that it should be noted that Zeke is the legal cause, laying liability on him and not on Szlaga. 

After the court's findings were revealed, Judge Deborah Servitto seemed to be in disagreement by giving her opinion on the case stating that there were too many unanswered questions about Officer Szalaga and Zeke’s relationship.

The CDC recommends that people shouldn't pet dogs that are unfamiliar to them. With 4.5 million dog bites occurring each year in the United States, it is unfortunate that one of them involves a policemen and his service dog.  If you or somebody you know has been a victim of a dog bite, call The Michigan Law Firm, PLLC. Our attorneys are highly experienced in pursuing dog bite cases and will work hard to give you the help you need. Call us today, at 844.4MI.FIRM for a free consultation.

Bus Driver Asked Children, "Are Y'all Ready To Die," Before Crashing

Johnthony Walker, 24, was charged with vehicular homicide after allegedly killing 5 children from Woodmore Elementary School, in Chattanooga, Tennessee, on November 21, 2016. Walker was a school bus driver transporting 35 children ranging from ages 5 to 10. According to CBS News, more than 20 children were injured and had to be rushed to the hospital after it took nearly two hours for emergency crews to clear them from the accident. Kirk Kelly, the interim school superintendent, confirmed that one of the children killed in the accident was a kindergartner, another was a first grader, and three of them were in the fourth grade. Kelly refused to release the names of the students, but did divulge that 12 of the students have remained hospitalized with 6 of them in intensive care. 

The accident was caused by Walker who was supposedly not paying attention and going well over the posted 30 miles per hour speed limit. Jasmine Mateen, whose 6-year-old daughter was killed in the crash, recounts, “My daughter said right before the bus flipped that he was speeding around the curve and asked them ‘Are y’all ready to die?’” According to another boy on the bus, the bus then hit a garbage bag and a mailbox before flipping over and finally wrapping around a tree.

The National Transportation Safety Board (NTSB) sent out investigators to acquire the school bus’ black box. The black box contains data of the vehicles movements which the NTSB will analyze to confirm or deny witness accounts and the local authorities' findings. NTSB chairman Christopher A. Hart says they are focusing on gathering witness accounts and any other evidence pertaining to the accident, including if the school bus had any cameras.

Ms. Mateen had a total of three children aboard the bus, including her daughter who died in the accident. One of the children, who was seated next to the sister who passed away, claims to have seen her sister “smushed” between the seats. Mateen, along with a few other parents whose children rode on Walker’s bus, claim to have complained about Walker’s incessant habit of speeding, before the accident but were unsuccessful in causing action to be taken. 

On whether or not the school district had received the complaints the parents made involving Walker, Amy Kutcher, the Hamilton County School District Spokeswoman, declined to say. Kutcher would only admit to Walker being an employee who was hired by an outside contractor, Durham School Services. “Legally there is no way that we could discipline someone who is not our employee,” Kutcher continued to say, “We’ve got 192 Durham bus drivers. Obviously, this is a bad one.”  
  
The Durham School Services CEO,  David A Duke, did release a statement via twitter saying that the company is “devastated” by the accident and are working with authorities as well as school officials to investigate the crash. The NY Post researched that Durham School Services, "has had 346 crashes over two years, including three resulting in deaths and 142 with injuries, according to federal figures. During that period, it had 53 incidents involving unsafe driving violations."

Walker actually had a sullied driving record. Not only was he found at fault in an accident in which his bus crossed the yellow line on a curve and hit another vehicle, on September 20th, but his license was also suspended for a month in 2014 for failing to show proof of insurance. Aside from a spotty driving record however, it did not appear that Walker had a criminal record in Tennessee. In fact, Walker's mother, Gwenevere Cook assured WDEF, “He don’t hang on the street, he don’t smoke, he don’t do drugs, he don’t drink. He’s never been in trouble, never, ever been in trouble.” Instead Walker was a father to a three-year old and a well-liked bus driver. 

Walker appeared before a judge on November 29, 2016 facing five counts of vehicular homicide and charges of reckless endangerment and reckless driving. According to CNN, a police spokeswoman said that a sixth vehicular homicide charge would likely be added.

School bus accidents are even more saddening than regular bus accidents as they involve children. As heartbreaking as the Chattanooga bus crash was, citizens of Michigan should remember that any type of motor vehicle accident is always possible. Injuries sustained in automobile collisions can be minor or may even lead to death. If you or someone you know has been involved in a motor vehicle accident, including a public bus or school bus crash, call The Michigan Law Firm, PLLC. Our firm is highly experienced in handling all types of automobile accidents and will fight to grant you any benefits you may be entitled to under Michigan Law. Let us do the hard work while you and your family focus on healing. Contact us, at 844.4MI.FIRM for a free consultation.

Hit and Run Accident In Mt. Clemens, Michigan

Detroit, Michigan resident Jazzmine Victoria Ransey, 23, was arraigned for a hit and run car accident where she allegedly struck her boyfriend with her car. According to the Detroit Free Press, the accident took place in Mt. Clemens on North River Court, shortly after 11 a.m. on November 11, 2016 in the Clinton Place Apartments parking lot. Deputies and fire personnel were dispatched to the scene where they found the car crash victim, Ransey’s 41-year old boyfriend. The injured victim was quickly rushed by ambulance to McLaren Macomb Hospital where he was reported to be in critical condition. The hospital also confirmed Ransey’s boyfriend suffered from serious injuries consistent with being hit by a vehicle. 

Jazzmine Ransey was identified as the main suspect after witness accounts placed her at the scene of the crime, running over the crash victim's head before fleeing. Local news has reported that when detectives contacted Ransey, she admitted to being involved in an altercation in the parking lot with her boyfriend earlier in the day. Upon further inspection of her 2002 Ford Taurus, it was reported that police found evidence that placed Ransey at the crime scene.  Ransey was later brought for questioning at the Macomb County Sheriff’s office. 

It was reported that Ransey was charged with one count of failure to stop at a crash causing serious injury.

If you or somebody you know has been injured in an hit and run accident, call The Michigan Law Firm, PLLC. Speak to an experienced Michigan personal injury lawyer.  Call us today, at 844.4MI.FIRM for a free consultation. 

Speight's Clavicle Fracture Cost Michigan A Win Against Iowa

University of Michigan’s quarterback Wilton Speight broke his clavicle in a game against Iowa on Saturday, November 12, 2016. Two opposing players tackled Speight and fell on top of him causing him to rotate his shoulder in obvious discomfort.  Speight was walked off the field and stuck on the sidelines while physicians poked and prodded at his shoulder for the remainder of the game. 

Having a fractured clavicle is a common injury in contact sports such as lacrosse, football, and soccer. However, most people are unaware that victims of an automobile collision are commonly known to have this injury as well.

3 Ways a Clavicle Bone Is Known To Break

  1. One of the breaks is called a distal clavicle fracture. The distal clavicle fracture is an ordinary injury from accidents occurring for example when a person hits the dashboard.

  2. The second clavicle fracture is a fracture that breaks in the middle of the clavicle bone. This injury is the most common type among car accident victims, and can be caused by overextending the arm in order to brace the person's fall.

  3. The third is the least common clavicle fracture, called a proximal fracture. The proximal fracture occurs near the breastbone, and may be caused by an accident victim's chest hitting the steering wheel upon impact. In severe cases the clavicle bone can suffer a compound fracture causing it to puncture through the skin or penetrate nerves, blood vessels, and even the lungs. These severe injuries can lead to an alarming amount of complications such as difficulty breathing and an exorbitant hospital bill for corrective surgery. 

The Symptoms of a Fractured Collarbone

According to the American Academy of Orthopedic Surgeons, the following are symptoms of a fractured collarbone:

  • Swelling, tenderness and bruising along the collarbone.
  • Increased pain and difficulty moving the arm.
  • The shoulder slumps forward, inward or downward.
  • A bump along the collarbone. 

A fractured clavicle in adults, generally takes six to eight weeks to heal in adults, so Speight isn't expected to take the maize and blue field anytime soon. “It’s going to depend on how he feels,” said University of Michigan football coach Jim Harbaugh. “Could be a (game-time decision). We will know based on what the doctors say and how Wilton’s feeling.”

It is imperative that anyone who has a fractured collarbone or has any of the symptoms of a broken collarbone should immediately seek medical attention, especially if involved in a motor vehicle accident. 

Having a clavicle fracture is a serious injury that can affect your life in a significant way. Not only do injuries sustained in automobile accidents prevent you from carrying out your everyday life, but they also cause medical bills to pile up. If you or somebody you know has suffered a clavicle fracture caused by a car accident, please call The Michigan Law Firm, PLLC. Our firm will work hard to get you any benefits you may be entitled to under Michigan law. Call us today, at 844.4MI.FIRM for a free consultation