When it comes to the serious car accident comedian Tracy Morgan was involved in recently, there are many legal aspects that must be considered.
Attorney Brian Cunha from Brian Cunha and Associates joined the Rhode Show to shed light on all of the factors that will be considered in this case and others of similar nature.
The first thing that will be considered in court is whether or not the driver of the tractor trailer, Kevin Roper, is criminally liable. The next is whether or not Roper was negligent and if workmen’s compensation plays a role in this case.
To determine if this case is criminal or negligent the court will examine whether or not Roper was reckless. Recklessness is a conscious disregard for the lives and safety of others and a criminal charge.
In addition, Roper is charged with death by auto, which is called vehicular homicide in RI and Mass., for the death of a passenger traveling with Morgan. If he is found reckless with this charge, meaning he knew he hadn’t slept for 24 hours then they get into punitive damages.
“Under the commercial law you can’t drive or be on duty for more than 14 hours. This man was driving for 13 1/2 hours. The question is whether he was sleeping for the other eight hours,” Cunha said.
If Roper is not found reckless then he would be charged with ordinary negligence which is for the harm caused in the accident. That harm would be for Morgan’s broken leg and the other passenger’s lost life.
With so many aspects to consider, it can be helpful to get a professionals opinion. If you have a question for Attorney Brian Cunha, click here.