An article from a personal injury firm in our nation’s capitol starts by saying “Tracy Morgan Shocked By Walmart’s Accusations.” The article was an interesting read. The crash that injured Tracy Morgan generated months of media headlines. If you’ve avoided all news for the last few months – A Walmart truck driver crashed his truck into the limousine carrying Tracy Morgan. Morgan suffered severe injuries. Another passenger, comedian James McNair, died in the collision.
Morgan later sued Walmart claiming its truck driver had not slept in 24 hours before the accident. Did Walmart take responsibility for the collision which caused so much injury and damage? No. Walmart refused to take responsibility. Instead, Walmart played the blame game. Walmart answered the lawsuit by blaming Tracy Morgan for his own injuries. I have represented clients in the past with claims against Walmart. I’m not surprised Walmart tried to blame an innocent victim. In a prior work comp case of mine, Walmart initially claimed the accident never happened even though it possessed video of the event! Sadly, Walmart’s actions are not unusual. Too many defendants attempt to blame the victim instead of accepting their responsibility.
How do corporate defendants attempt to shift the blame? At first, the defendant ignores its own recklessness (like putting a truck driver on the road for 24 hours without rest) and falsely asserts the other driver must have contributed to the crash. When that effort fails, many defendants then attempt to shift blame for the actual pain and injuries. They begin to claim falsely that the victim exaggerated their injuries, lied about their condition, or refused rehabilitation.