WASHINGTON (WABC) --
The crash happened around 1 a.m. on June 7, 2014, when the 35-year-old driver slammed into Morgan's limo from behind, killing comedian James McNair and seriously injuring Morgan and three others.
The passengers in the back of the limo's rear compartment were not wearing seat belts at the time of the crash, NTSB chairman Christopher Hart said at a board meeting, nor had they received a safety briefing outlining the benefits of seat belts.
After colliding with the Wal-Mart truck, the limo then struck three other vehicles and rolled over before coming to rest on its side on the New Jersey Turnpike.
Because the limo had been customized, "the passengers had no available exits until emergency responders removed parts of a plywood panel that had been installed," Hart said.
The driver of the Walmart vehicle, Kevin Roper, was later charged with one count of vehicular homicide and several counts of assault by auto, with authorities saying they believed he had dozed off behind the wheel. Roper pleaded not guilty.
In a preliminary report released just weeks after the accident, the NTSB said the trailer was traveling at 65 miles per hour, which is 20 mph over the construction zone's 45 mph speed limit.
The crash left Morgan, then 45, in critical condition with multiple broken bones and a traumatic brain injury.
Since then, the comedian has struggled to regain his old self, his lawyer said.
In a June 2015 interview with "Today" anchor Matt Lauer, Morgan wondered through tears whether he was ever going to be funny again.
He filed a civil suit against Wal-Mart, and the two sides reached a confidential settlement in May.
According to Morgan's lawyer, the retailer, which initially faulted Morgan and his colleagues for not wearing seat belts, later took full responsibility for the accident.
Morgan, a former "Saturday Night Live" and "30 Rock" star, and the others were returning from a show in Dover, Delaware.
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Wal-Mart Responds to Tracy Morgan Lawsuit by Blaming Him for Injuries Suffered in Fatal Car Crash
A
three-dimensional scan provided by the National Transportation Safety
Board of the Mercedes-Benz limo bus Tracy Morgan and six others were
riding in on Saturday, June 7, 2014. (Credit: NTSB)
Roper pleaded not guilty in June to criminal charges that include vehicular homicide and assault by auto.
Morgan’s lawsuit said Walmart was careless and negligent in the operation of the vehicle. It said the company should have known Roper had been awake for more than 24 hours at the time of the accident, and cited Walmart for not complying with Federal Motor Carrier Safety Administration Regulations enacted to combat the dangers of driver fatigue.
The Walmart truck that rear-ended Morgan’s vehicle was traveling 20 mph over the speed limit, according to a preliminary report by the National Transportation Safety Board.
Actor
Tracy Morgan spoke at a Spike TV comedy special on Tuesday, May 6,
2014. One month later Morgan was critically injured in a car crash.
(Credit: Getty Images)
In its response, Walmart said the injuries were “caused, in whole or in part, by plaintiffs’ failure to properly wear an appropriate available seat belt restraint device.” The company said by not using seat belts, the plaintiffs “acted unreasonably and in disregard of plaintiffs’ own best interests.”
Walmart did not directly address the claims regarding Roper because of the ongoing National Transportation Safety Board investigation.
Walmart said Morgan’s and the other plaintiffs’ damages were not caused by the company or any of its affiliated employees. Instead, the chain noted the possibility that injuries “may have been caused by third parties over whom Walmart had no control.”
The next step for Morgan’s side is to file a written statement specifying the amount of damages alleged in the initial complaint. Walmart is asking for a trial by jury.
Representatives for Morgan did not immediately respond to a request for comment.