Actor Tracy Morgan was hospitalized following a car accident on the New Jersey turnpike where the limo he was riding in was struck by a driver hired by a Walmart truck. Several other passengers were injured and one man lost his life.

Morgan and some of the others involved in the crash filed a lawsuit in July alleging that the driver of the Walmart truck was fatigued at the time of the accident. It is stated that the driver was on the road for over 700 miles before he began his shift on the truck. He would have been awake for over 24 hours by the time he took the wheel. Morgan's attorney says that Walmart is responsible since it creates a culture that encourages drivers to stay awake over extended periods of time.

Walmart's Defense in Truck Accident Case

Walmart now alleges that Morgan's injuries were caused, either completely or in part, due to the fact that he was not wearing a seatbelt at the time of the accident.

Walmart has generally kept quiet on the details of the accident, citing law as the reason for staying tight-lipped. However they have recently come forth saying that the lack of seatbelt use by the plaintiffs in the case may have prevented their injuries. The company states that seatbelts were available in the limo and that the plaintiff's acted irresponsibly when choosing not to wear the devices.

Walmart is also saying that it has no role being charged with a negligence claim since Walmart did not directly hire the driver. They claim the driver was a third-party not directly hired by Walmart, and the company should not be responsible for the actions of a third-party.

The final blow comes as the company denies that the plaintiffs have any rights to recovering damages. Walmart claims that since they did not willingly engage in any action that caused injury, the trial attacks their due process rights.

Involvement in an accident with a truck can be serious business. Practice your right to legal representation by hiring a car accident attorney that can work to get you the compensation you deserve for damages and injury caused by this type of accident.