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Tracy Morgan in critical condition

Is it entirely necessary to arrest and charge the driver of the Wal-Mart truck? I mean obviously there will need to be some justice, whether it be suing Wal-Mart or whatever for making the guy go 24 hours without sleeping, but criminal charges for the dude just doing his job seem to be overkill (no pun intended).
 
smallbigtall said:
Is it entirely necessary to arrest and charge the driver of the Wal-Mart truck? I mean obviously there will need to be some justice, whether it be suing Wal-Mart or whatever for making the guy go 24 hours without sleeping, but criminal charges for the dude just doing his job seem to be overkill (no pun intended).
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I think there was probable cause to arrest (for something along the lines of reckless endangerment) if he admitted to driving after going 24 hours with no sleep. Not to mention that the arrest allows for drug testing to see what's in his system. He could voluntarily submit to be tested, but the arrest seems prudent in my opinion.
 
smallbigtall said:
Is it entirely necessary to arrest and charge the driver of the Wal-Mart truck? I mean obviously there will need to be some justice, whether it be suing Wal-Mart or whatever for making the guy go 24 hours without sleeping, but criminal charges for the dude just doing his job seem to be overkill (no pun intended).
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By going 24 hours without sleeping and then driving his truck, he was doing something quite illegal.
 
Well it wasn't reckless endangerment, it was "death by auto" and four counts of "assault by auto." But it wasn't "his" truck, it was his employer's truck, and I'm assuming he was on the job and not just driving his semi around for fun. Seems like Wal-Mart is probably more liable than the driver, if he was just doing his job. Things like this are why controls are usually in place for pilots, flight attendants, etc. to ensure they have enough sleep, and something broke down in this situation.

I guess this non-lawyer doesn't know where the line is between individual liability and corporate liability. The drug testing thing makes sense though. Is it illegal to drive after going a certain period without sleeping? I mean it's obviously not a good idea, but are there any specific laws against it?
 
The criminal liability of the driver and the civil liability (i.e., $$$) of Wal-Mart as the driver's employer are two different things.
 
NJ has driving while drowsy laws:
New Jersey: A driver that has been without sleep for 24 hours is considered to be driving recklessly, in the same class as an intoxicated driver. (New Jersey Statues §2C:11-5)
 
Dude's going to jail.

Wal-Mart under respondeat superior will be paying damages even if they claim the guy is an IC and he was not following protocols.
 
somebody has been studying for his bar exam!
 
smallbigtall said:
Thanks. I figure any civil charges are typically filed at a later date?
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There aren't civil charges, per se. Morgan, and the others injured in the wreck, will hire a lawyer to represent them in the civil claim. That lawyer will, most likely, wait until his clients are through treating, then make a demand to Wal-Mart. The two sides will negotiate for a while and, if they can't reach an agreement, the lawyer will file suit on behalf of Morgan and the other plaintiffs. That starts the litigation process that could conceivably end in a jury trial, though that's pretty unlikely these days.
 
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