Tracy Morgan in Critical Condition
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He was operating an 18-wheeled vehicle in heavy traffic more than 24 hours after his last sleep. If that's not criminally negligent then I don't know what is.
Now that this information has been revealed I agree that the charge is appropriate. The problem I had before was that none of the previous articles explained what he had done that was reckless
Some of you might remember that one of our members here also lost a son to a trucking firm--back when we had a discussion on LLCs (Limited Liability Companies)--shells made so one cannot sue the main company. We have a man in charge of safety who always seemed to be in one kind of cast or another--and he was the safety man...
Truckers are in a no win scenario. automated rigs/trailers will put them out of their jobs, and while the safety men screams at them, its the dispatcher who turns around and says "we want that load there tomorrow morning."
Here is the solution--pay by the hour, not the mile.
And only dispatchers pay traffic tickets.
For any actors/entertainers/writers here--this incident is proof that the problems of the poor...are everyone's problems.
I for one will not demonize overworked Joe Q Public.
The firms themselves--that's another matter
http://www.als-lawyers.com/blog/201...ersight-create-danger-on-new-york-roads.shtml
So the next time you hear a yahoo talking 'tort reform,' understand that's what businessmen want you to think.
Truckers are in a no win scenario. automated rigs/trailers will put them out of their jobs, and while the safety men screams at them, its the dispatcher who turns around and says "we want that load there tomorrow morning."
Here is the solution--pay by the hour, not the mile.
And only dispatchers pay traffic tickets.
For any actors/entertainers/writers here--this incident is proof that the problems of the poor...are everyone's problems.
I for one will not demonize overworked Joe Q Public.
The firms themselves--that's another matter
http://www.als-lawyers.com/blog/201...ersight-create-danger-on-new-york-roads.shtml
So the next time you hear a yahoo talking 'tort reform,' understand that's what businessmen want you to think.
Depends. In the case of recklessness or negligence, absolutely. But there are also cases where there's no reasonable causal connection between your action and the resulting death, then you shouldn't be held responsible.
There is a reasonable causal connection between driving on no sleep and running into someone. But if a driver is totally awake and alert and there's just a miscommunication between drivers or something, then it's just an accident. There's absolutely nothing to gain by society in prosecuting a straight up accident, and any attempt to do so would be nothing more than revenge.
Yeah, I know we think of the law as Revenge Incorporated in this country, and that's why we have such an absurdly high prison population. Big waste of tax dollars, bigger waste of human potential.
I hope he is given a fair trial that is not influenced by the fact one of the victims is a celebrity.
From the information I have, seems like negligent manslaughter. But what do I know? I haven't seen the evidence.
All we know is the narrative, not the truth. Don't believe the hype.
From the information I have, seems like negligent manslaughter. But what do I know? I haven't seen the evidence.
All we know is the narrative, not the truth. Don't believe the hype.
Brilliant comment. I'm going to steal it.
I would also suggest its a revenue enhancer for the municipalities .
At least in NY if there's an accident, someone gets a ticket. Usually, the ticket is based on whichever side the officer agrees with after an extremely cursory investigation.
Then, in addition to any liability for the accident, the driver has to pay NYS and the local court various fines and surcharges. These fines often go back into the government coffer and used to fund-ahem-traffic safety programs (read: raises for politically connected law enforcement officials).
Trains are equipped with either a "deadman's pedal" or a "Reset Safety Control", both are devices designed to ensure the train operator stays awake and will stop the train if either device doesn't get a response. The pedal is simply a pedal the engineer/operator has to keep depressed in order to keep the train going. If the foot slips off of it, as it would when a person falls asleep, triggering an alarm and soon the brakes. There's also the RSC which is simply a switch the operator his to flip every so often, else an alarm goes off and, again, triggering the brakes.
A deadman's pedal wouldn't be practical for an 18-wheeler which is already operated with two feet (the brake/gas and the clutch) but I would thinks something like the RSC could be employed. If it's not maintained it could simply stop the truck by slowly applying the brakes. Which, might pose something of a problem depending on where the truck is when the system activates but that problem could be weighed against an 18-wheeler going down the road with a sleeping operator.
A deadman's pedal wouldn't be practical for an 18-wheeler which is already operated with two feet (the brake/gas and the clutch) but I would thinks something like the RSC could be employed. If it's not maintained it could simply stop the truck by slowly applying the brakes. Which, might pose something of a problem depending on where the truck is when the system activates but that problem could be weighed against an 18-wheeler going down the road with a sleeping operator.
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Only probably I could see is, maybe, trucker unions being against any such "deadman switches" being installed in vehicles, not to mention the time and logistics of implementing such a law, when it's hardly even 100% universal in trains.
But certainly *some* system could be devised to prevent truckers operating vehicles on 24-hours straight of no sleep.
Hell, how about this: A trucker has a dedicated key to his truck in a fleet, on this key is a fob or some-kind-of chip in the head of the key that only allows the truck to operate for whatever the maximum period of time is. After which point the chip causes the truck to broadcast a signal to headquarters, dispatch, and maybe even set-off an alarm. In short something that means the driver has to stop and shut-down the truck in order to shut-off the alarm/signal. At which point the computer won't let that particular key start the truck up for 8-10 hours. (Enough time for the driver to get a rest.)
Now, yes, the driver could switch keys with someone or use something to circumvent the system (train operators at times will but a brick or something on the "deadman's pedal" to circumvent that safe guard) but doing this would be illegal and get the driver's license suspended.
Truck drivers are under a lot of pressure to make their deliveries and make their deliveries on time and there's cases all of the of drivers operating their vehicles on little to no sleep, past the point they're legally allowed to operate their vehicle. Seems to me it is well past time for something to be done or changed to ensure accidents like this don't keep happening. I had a classmate and acquaintance in junior high die when a dozy truck driver ran a light and crashed into the kid's car. And I'm sure there's road-side memorials all over this country dedicated to similar incidents.
Seems well past time for a change, we've certainly the technology to do *something.*
Also, once self driving cars are perfected, truckers will all lose their jobs.
I see Walmart losing some of its fortune when the lawsuits pour in.
Morgan is still in critical condition, but stable:
“Today was a better day,” his spokesman, Lewis Kay, said in an emailed statement. “While Tracy remains in critical, but stable, condition, he continues to show signs of improvement. His medical team remains optimistic that his recovery is progressing. (His fiancé) Megan remains by his side and is relaying the countless good wishes and prayers that his family, friends and fans have been sending their way.”
There were rumors this week he was going to have a leg amputated, but those have been denied by his fiancé and his spokesman.
“Today was a better day,” his spokesman, Lewis Kay, said in an emailed statement. “While Tracy remains in critical, but stable, condition, he continues to show signs of improvement. His medical team remains optimistic that his recovery is progressing. (His fiancé) Megan remains by his side and is relaying the countless good wishes and prayers that his family, friends and fans have been sending their way.”
There were rumors this week he was going to have a leg amputated, but those have been denied by his fiancé and his spokesman.
Ooh, that's a little too close to the "could I replace it with a wheel, like Rosie from The Jetsons?" situation from 30 Rock! I hope he continues to improve.