Tracy Morgan Lawsuit, $90M Walmart Truck Crash
On June 7, 2014, a Walmart truck slammed into Tracy Morgan’s limousine on the New Jersey Turnpike, killing comedian James McNair and leaving Morgan in a coma for eight days. The crash—caused by a truck driver who had been awake for over 28 hours—resulted in one of the largest trucking accident settlements in history. Walmart paid an estimated $90 million to settle the Tracy Morgan lawsuit, fundamentally changing how the trucking industry views driver fatigue and corporate liability.
What happened in the Tracy Morgan lawsuit? Who was responsible? How much did Morgan actually receive?
Here’s the complete story behind this landmark case and what it means for trucking accident victims today.
Why This Matters to You
The Tracy Morgan lawsuit isn’t just about one celebrity’s accident. It exposed systemic problems in the trucking industry that put every driver on the road at risk.
This affects you if you’ve ever been injured in a trucking accident caused by driver fatigue, wondered whether trucking companies can be held liable for their drivers’ actions, or need to understand how personal injury claims work when corporations are involved.
The case established that companies can’t hide behind their drivers when safety violations lead to catastrophic injuries. It proved that federal regulations on driver rest periods exist for a reason—and when companies ignore them, victims can seek justice through the courts.
What Happened: The 2014 New Jersey Turnpike Crash
The Accident That Changed Everything
At approximately 1:00 a.m. on June 7, 2014, Kevin Roper was driving a Walmart tractor-trailer on the New Jersey Turnpike near Cranbury, New Jersey.
The 35-year-old Georgia resident had been awake for more than 28 hours. He’d driven 12 hours from Georgia to New Jersey in his personal vehicle, then immediately began a 14-hour work shift without sleeping.
According to the National Transportation Safety Board (NTSB), Roper was traveling approximately 20 mph over the posted 45 mph speed limit in a construction zone. Traffic had slowed ahead, but Roper failed to brake in time.
His truck rear-ended a Mercedes-Benz Sprinter limousine van carrying Tracy Morgan and several friends. The impact created a six-car pileup.
The Victims and Injuries
Comedian James “Jimmy Mack” McNair, 62, died at the scene. McNair was Morgan’s longtime friend, mentor, and writer.
Tracy Morgan suffered catastrophic injuries that nearly killed him:
- Traumatic brain injury
- Broken leg (shattered femur)
- Multiple broken ribs
- Broken bones throughout his face
- Internal bleeding
Morgan remained in a coma for eight days. When he woke up, he couldn’t see for nearly a week. He spent months in a wheelchair learning to walk again.
The brain injury left Morgan struggling with memory problems, headaches, depression, anxiety, and mood swings. Years later, he told interviewers he still has “good days and bad days” and would never be the same person he was before the crash.
Other passengers—including comedian Ardie Fuqua and Morgan’s assistant Jeffrey Millea—also sustained serious injuries requiring extensive medical treatment.
What Investigation Revealed About Driver Fatigue
The NTSB investigation uncovered damning evidence about Roper’s condition at the time of the crash.
Roper had violated Federal Motor Carrier Safety Administration (FMCSA) regulations designed to prevent exactly this type of fatigue-related accident.
The “34-hour restart rule” requires truck drivers who complete 60 hours of driving in seven days (or 70 hours in eight days) to rest for 34 consecutive hours before resuming work. Roper ignored it.
According to investigators, Roper commuted overnight from his home in Jonesboro, Georgia, to New Jersey—a 700-mile trip—then immediately started his delivery shift without sleeping.
By the time of the crash, he had been continuously awake for over 28 hours and was driving while severely fatigued—essentially driving drunk without the alcohol.
The Legal Claims: How Morgan Sued Walmart
Corporate Liability for Employee Actions
Tracy Morgan didn’t just sue Kevin Roper. He sued Walmart.
The lawsuit invoked the legal doctrine of “respondeat superior”—Latin for “let the master answer.” Under this principle, employers are liable for their employees’ wrongful acts committed within the scope of employment.
Morgan’s attorneys argued Walmart knew or should have known about Roper’s irregular schedule and excessive hours but failed to enforce FMCSA safety regulations.
The complaint alleged Walmart had a “custom and practice” of allowing truckers to drive unreasonable periods, prioritizing delivery schedules over driver and public safety.
Negligence and Safety Violations
The lawsuit claimed Walmart was negligent in:
- Failing to properly monitor driver hours and compliance with federal regulations
- Allowing Roper to work consecutive shifts without adequate rest
- Creating a corporate culture that incentivized dangerous driving practices
- Inadequately training and supervising drivers on fatigue management
These weren’t just civil claims. They touched on violations of federal law—specifically FMCSA hours-of-service regulations meant to reduce commercial truck accidents caused by drowsy driving.
Walmart’s Initial Response
Walmart initially tried to deflect blame. In an early statement, the company suggested Morgan and other passengers weren’t wearing seatbelts—implying they contributed to their own injuries.
Public backlash was swift and fierce. Walmart quickly backed down and issued a statement accepting full responsibility for the accident.
CEO Doug McMillon personally apologized, saying: “This has been a tragedy… We’re committed to working with the parties involved to try to address their concerns.”
The Settlement: $90 Million and Justice for McNair’s Family
Morgan’s Confidential Settlement
In May 2015—less than one year after the crash—Tracy Morgan and Walmart reached a settlement. The exact amount was never publicly disclosed.
However, court documents revealed that more than 90% of Walmart’s total payout went to Morgan and another passenger’s claims. Based on this disclosure and the McNair family settlement, legal experts estimate Morgan received approximately $90 million.
Morgan’s attorney, Benedict Morelli, emphasized the settlement wasn’t just about money. It was about holding Walmart accountable for nearly killing his client and changing industry practices.
The settlement provided resources for Morgan’s ongoing medical treatment, therapy, and lost income. Remember—Morgan was earning several million dollars annually from his acting career when the accident derailed everything.
$10 Million for McNair’s Family
James McNair’s family separately settled with Walmart for $10 million in 2015. McNair left behind children who lost their father to corporate negligence.
Pamela McNair, James’s sister, said her family was raised to “forgive others for their faults” and noted that her brother was “such a loving and forgiving human being.”
But forgiveness didn’t mean letting Walmart off the hook. The settlement ensured McNair’s children were provided for after losing their father.
The Aftermath: Insurance Company Challenges
Even after settling, Morgan faced another battle. In 2017, two of Walmart’s insurance companies—Ohio Casualty and Liberty Insurance Underwriters—sued to challenge the payout.
The insurers claimed Morgan exaggerated his injuries and demanded he sit for a seven-hour deposition. They argued the settlement was too high because Morgan had returned to performing, contradicting claims he’d never work again.
Morgan refused. His attorney called the demand outrageous: “He was a victim once. We’re not going to allow him to be a victim again.”
The insurers’ challenge highlighted a common tactic in large personal injury settlements: insurance companies trying to reduce payouts even after settlements are reached.
What You Must Know: Legal Implications and Industry Changes
How Trucking Company Liability Works
The Tracy Morgan lawsuit demonstrated that trucking companies cannot escape responsibility by blaming individual drivers.
Under federal law and common law principles, companies that employ truck drivers have specific duties:
Duty to hire qualified drivers: Conducting proper background checks and verifying commercial driver’s licenses
Duty to train: Ensuring drivers understand FMCSA regulations and safe driving practices
Duty to supervise: Monitoring driver hours, enforcing rest requirements, and maintaining safe equipment
Duty to enforce safety regulations: Making compliance with federal hours-of-service rules a priority over delivery schedules
When companies fail these duties and accidents result, they face liability for compensatory damages (medical bills, lost wages, pain and suffering) and potentially punitive damages designed to punish especially reckless behavior.
Federal Hours-of-Service Regulations
The FMCSA hours-of-service regulations that Roper violated are designed to prevent fatigue-related crashes:
- Drivers can drive maximum 11 hours after 10 consecutive hours off duty
- Drivers cannot drive beyond 14th consecutive hour after coming on duty
- Drivers must take 30-minute break after 8 cumulative hours of driving
- The 34-hour restart rule allows drivers to reset their weekly driving limits with sufficient rest
Violations of these regulations don’t just create civil liability—they can establish negligence per se, meaning the violation itself proves negligence without additional evidence.
What Changed After the Morgan Case
The Tracy Morgan lawsuit occurred during intense debate about FMCSA regulations. In 2014, the Senate Appropriations Committee temporarily suspended updated 2013 fatigue prevention rules—a move President Obama opposed as dangerous to public safety.
The Morgan case became a rallying point. Senators Cory Booker and Richard Blumenthal cited it as evidence that driver fatigue accidents were rising and stronger regulations were needed.
While the trucking industry lobbied against stricter rules, the publicity from Morgan’s case helped shift public opinion toward prioritizing safety over delivery efficiency.
Today, electronic logging devices (ELDs) are mandatory in most commercial trucks, making it harder for drivers to falsify hours-of-service records.
What to Do Next: Steps for Truck Accident Victims
When to Hire a Personal Injury Attorney
If you’ve been injured in a trucking accident, timing matters. Don’t wait to seek legal representation.
You should contact a personal injury attorney immediately if:
The accident involved serious injuries requiring hospitalization or ongoing medical treatment. The trucking company or its insurer contacts you with settlement offers before you’ve fully recovered. You’re facing mounting medical bills and lost income. Federal regulations may have been violated (driver fatigue, overweight loads, inadequate maintenance).
Most personal injury lawyers work on contingency fees—they only get paid if you win your case. This means you can afford experienced representation regardless of your financial situation.
How to Document Trucking Accidents
Evidence preservation is critical in trucking accident cases:
Immediately after the accident: Call 911 and file a police report. Take photos of vehicle damage, road conditions, and the accident scene. Get contact information from witnesses. Note the truck’s company name, truck number, and driver information.
During recovery: Keep all medical records, bills, and receipts. Document your injuries with photos. Maintain a journal describing pain levels, limitations, and how injuries affect daily life. Save pay stubs showing lost income.
Legal evidence: Your attorney can subpoena the truck’s electronic logging device data, driver logs, maintenance records, and the company’s safety policies. This evidence often reveals patterns of violations beyond the single accident.
For more information about how settlements work in major personal injury cases, see AT&T settlement deadline December 18 claim up to $7500.
What Compensation May Be Available
Trucking accident settlements can include:
Economic damages: Medical expenses (past and future), lost wages and earning capacity, property damage, rehabilitation costs, and home modifications for disabilities
Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement
Punitive damages: In cases involving gross negligence or willful misconduct (like knowing safety violations)
The Tracy Morgan case shows that catastrophic injuries justify substantial compensation—especially when corporate negligence is clear.
Frequently Asked Questions
How much did Tracy Morgan get from Walmart?
While never officially confirmed, court documents and legal experts estimate Morgan received approximately $90 million from Walmart’s settlement. The exact amount remains confidential, but more than 90% of Walmart’s total payout went to Morgan and another passenger.
Was the truck driver charged criminally?
Yes. Kevin Roper was initially charged with vehicular homicide and multiple counts of aggravated assault. In November 2016, he accepted a plea deal entering a pretrial intervention program. He pleaded guilty but avoided prison by completing 300 hours of community service over three years. His record was expunged after successful completion.
How long did the Tracy Morgan lawsuit take?
Remarkably fast for such a major case. The accident occurred on June 7, 2014, and the settlement was announced in May 2015—less than one year later. This quick resolution likely reflected Walmart’s desire to avoid lengthy litigation and damaging publicity.
What injuries did Tracy Morgan have?
Morgan suffered a traumatic brain injury, shattered femur (broken leg), multiple broken ribs, broken facial bones, and internal bleeding. He was in a coma for eight days and blind for six days after waking. The brain injury caused ongoing memory problems, headaches, depression, and cognitive issues that persist years later.
Is Tracy Morgan fully recovered?
No. While Morgan returned to performing and launched his “Picking Up the Pieces” comedy tour in 2016, he has stated he’s “never going to feel normal” after the accident. In interviews, he describes ongoing challenges with memory, headaches, and emotional struggles, though he continues working in comedy and acting.
Did Walmart admit fault?
Yes. After initially suggesting seatbelt non-use contributed to injuries—a claim they quickly retracted—Walmart accepted full responsibility for the accident. The settlement included Walmart’s acknowledgment that driver fatigue and safety violations caused the crash.
Can I sue a trucking company even if the driver was at fault?
Absolutely. The Tracy Morgan lawsuit established that trucking companies are liable for their drivers’ actions under respondeat superior and for their own negligence in hiring, training, and supervision. Companies cannot avoid responsibility by blaming individual drivers when corporate policies or failures contributed to the accident.
Disclaimer
This article provides general information only and is not legal advice.
Last Updated: January 11, 2026 — We keep this current with the latest legal developments
If you’ve been injured in a trucking accident or want to understand your rights, explore the American Trucking Associations’ safety resources at trucking.org or search for qualified personal injury attorneys through your state bar association’s attorney referral service. You can also access Federal Motor Carrier Safety Administration regulations and safety data at fmcsa.dot.gov.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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