But, if (IF) driver violated law and company policy regarding commercial driving - how culpable should company be? Is this is company vulnerable because of driver's callous disregard for policy and the law or given the work requirements they put on drivers - should company have known? What steps are they required to take to ensure compliance with laws and their policies.
and, given the availability of the seat belt, but, not a legal requirement - how does that weigh in? He had the means to make himself safer but consciously and intentionally chose not to use it.
Not taking a side, just a little surprised by the shock and awe over Walmarts counter move.
Of course, he'll get paid - this is a battle over zeroes and commas
but if you don't want to get thrown from the car, a good way not to do that is to where a seatbelt. That does not excuse a person from accidentally falling asleep, but Morgan made the conscious decision not to protect himself in case there was an accident. Therefore, his compensation should be lower than somebody who took all the precautions. It does not mean, he won't get money, it just means he might get less. And, it is an absolutely fair point for them to assert in this litigation.
maybe that might be a risk you take if you want to be on a party bus. if you assume risks in the law, like not wearing a seatbelt to party, the main perpetrator does not have to pay for that decision. He pays for his responsibility, which was striking the car. The point is that any lawyer would raise this and it is a fair point. The situation was exacerbated by him not being restrained, that is not the driver's company's fault.
Morgan's not wearing a seatbelt, at worst, would cost him 20% of the award. So, for instance, if a jury found the accident worth 10 mill, Morgan would get 8 mil. a significant sum, but he would still get a lot of money on a percentage basis.
I was more interested in the 'Drunk rear ends JLo, Leah Remini' (until I realized - spoiler alert - they meant a car accident).
Fuck Wal-Mart.
and yeah, wearing the seat belt may well have made a difference. so, it's a fair point to make.
On the other hand, drivers of large delivery trucks ARE mandated to be awake while driving.
and, given the availability of the seat belt, but, not a legal requirement - how does that weigh in? He had the means to make himself safer but consciously and intentionally chose not to use it.
Not taking a side, just a little surprised by the shock and awe over Walmarts counter move.
Of course, he'll get paid - this is a battle over zeroes and commas