The Walmart truck driver who smashed into Tracy Morgan’s limousine on the New Jersey Turnpike last year, which killed one of the passengers and gave Morgan a traumatic brain injury, is asking for criminal charges to be dropped against him.
The lawyer for the 35 year-old truck driver stated this week that his client will not receive a fair trial from an impartial jury.
The attorney, David Glassman, claims that the civil lawsuits, involving both Morgan and the family of James McNair, who died in the wreck, should have been put off until the criminal case had ended.
The truck driver was charged in June 2014 with a single count of death by auto, and four counts of assault by auto. He pled not guilty.
Glassman stated in a recent filing in New Jersey that the national media coverage of the crash, along with the NTSB report on the driving of the truck driver, means that his legal fate has been ‘predeterimined.’
He further noted that the retail company accepted full responsibility for the crash. The trucker had been awake for 28 hours when the crash happened.
Since the wreck, Morgan has been recuperating. He has recently started to work again in comedy, but he still has ongoing rehabilitation for his brain injury.
A traumatic brain injury, or TBI, usually brings with it many side effects that can really affect your quality of life. As personal injury lawyers for TBI cases in Virginia, we know personally how difficult and tragic these sorts of injuries can be.
Some of the many side effects of TBI include:
· Sleep problems
· Difficulty thinking clearly
We do not know at this time if it is appropriate for criminal charges to be dismissed in the Morgan case. What we do know is that brain injuries permanently change people’s lives for the worse, even with excellent rehabilitation. People who suffer TBIs at the hands of another party will need plenty of follow up care to enjoy the best possible recovery. That recovery can be aided by, when appropriate, a civil lawsuit to help to pay for ongoing medical expenses.