Whether it's a bus, taxi or passenger car, many people in New Mexico travel in some type of vehicle at least once a day. While most might feel relatively safe behind the wheel or in a passenger seat, a catastrophic injury is an unfortunate possibility from even a relatively minor accident. Receiving compensation for this type of injury can seem straightforward enough, but it's not uncommon for the insurance company or another liable party to attempt to give victims the run around.
Actor and comedian Tracy Jordan's June accident was reported on TV and in newspapers across the country. Authorities determined that an 18-wheeler was traveling 20 miles over the posted speed limit before it collided with Morgan's vehicle. Morgan suffered a traumatic brain injury, which he is still recovering from, and two others in his vehicle were injured. A fourth individual and another comedian, James McNair, was killed.
As most probably expected, a lawsuit was filed. As the driver of the 18-wheeler was working for the retailer Wal-Mart at the time of the accident, the company's insurance is partly liable for the subsequent injuries and death. However, the driver recently filed a motion to have the ongoing lawsuit be delayed until the criminal case that he is involved in concludes. As the driver is not named as a defendant in Morgan's current lawsuit, he believes that this may be an attempt to stall the case and possibly get away with not disclosing the company's safety practices for drivers.
Seeking necessary compensation for a catastrophic injury is not always as easy as it should be, and during that time victims can rack up mountains of costly medical bills. If the injury put him or her out of work, the loss of income can begin to impact meeting daily needs and even interfere with a victim's chance of recovery. Although Morgan is seeking compensation from Wal-Mart, he also has the option of seeking compensation from the driver, who is also partly liable. Victims in New Mexico who have suffered catastrophic injuries similar to Morgan's have the same option, and if a personal injury claim is successfully litigated, may be awarded compensation that is fair and necessary.
Source: news10.com, "Wal-Mart denies stalling in Tracy Morgan lawsuit", David Porter, Dec. 2, 2014