Is comedian Tracey Morgan responsible for his injuries sustained in the car accident he was involved in on June 7, 2014? Wal-Mart thinks so.
Morgan was severely injured in the car accident when a Wal-Mart truck crashed into his limo bus on the New Jersey Turnpike. Morgan broke a leg, his nose, and several ribs and his friend was killed in the crash. Now that the lawsuit it filed, Wal-Mart filed their affirmative defenses.
According to , Wal-Mart claims the comedian is to blame for the injuries he sustained in the car accident because he was not wearing a seat belt. “By failing to exercise ordinary care in making use of available seat belts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs’ own best interests,” Wal-Mart’s statement reads.
This is called the seatbelt defense. In Florida, the law states that if someone is injured in a car accident and was not wearing their seatbelt, the failure to wear the seatbelt “may be considered as evidence of comparative negligence, in any civil action.” This means that if a person is injured in a Florida car accident, the insurance company’s attorney can try to convince the jury that the injuries sustained in the automobile accident would not have been sustained or would not be as severe if the injured person was wearing their seatbelt. This would require medical expert testimony in order to prove them.
So, there are at least two reasons to wear your seatbelt—It’s the law and if you don’t and get hurt in a car accident because of the negligence of another person, that person’s insurance company will blame you for your injuries.
Drive and ride safely and watch out for those who don’t.
Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. His Clearwater law firm – Perenich Caulfield Avril Noyes – is one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or simply click here to schedule a free case consultation.