Traumatic Brain Injury and Car Accidents: A Look at the Tracy Morgan Case

Earlier this year famed comedian Tracy Morgan and a small group of people were involved in an accident that injured some and killed others. According to CNN, Morgan is slowly recovering from his injuries — the most severe of which is a brain injury, but it’s unclear whether or not he will fully recover and return to his former self.

According to the National Highway Traffic Safety Administration, there are roughly 5.5 million car accidents in the United States every year. These accidents cause about 40,000 deaths annually, and another three million car accident injuries. One of the most commonly sustained car accident injuries is a head injury, which can cause a mild or severe traumatic brain injury.

Research performed by the Centers for Disease Control and Prevention indicates that an estimated 1.5 million Americans sustain a traumatic brain injury each year. In cases where people sustain a traumatic brain injury as the result of a car accident, the injured party may have grounds for filing a personal injury lawsuit against the responsible party.

In August of this year, the limousine Tracy Morgan and a few other passengers were riding in was struck by a Walmart truck. The accident killed one, and left Morgan and the other passengers with injuries. Tracy Morgan is one of three individuals to file personal injury lawsuits against Walmart in this case.

Part of the legal basis for suing in a traumatic brain injury case is that there must be negligence on the defendant’s part that led to the accident that caused the injury. In this case, the driver was speeding 20 miles over the posted speed limit and was nearing the end of his drive time limit. The plaintiffs in this case argue that Walmart was negligent.

Determining liability in these cases can be complicated — and here Walmart denies negligence on the grounds that the passengers in the limousine should have been wearing seatbelts.

Though Morgan has mostly recovered from his other car accident injuries, it is still unclear whether or not he will fully recover from his brain injury.

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