Comedian James “Jimmy Mack” McNair of Peekskill, N.Y., was killed in the crash.
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The NTSB’s Hart said Tuesday that the limousine van that Morgan was traveling in was not properly outfitted with safety equipment, which exposed its passengers to more harm in the accident.
“Following the New Jersey Turnpike accident, our transportation team made some enhancements to improve our safety program”, Randy Hargrove, Wal-Mart spokesman, said in a phone interview.
Morgan’s lawsuit alleged that Walmart “knew or should have known” that driver Kevin Roper had been awake “for more than 24 consecutive hours” ahead of the accident, violating Federal Motor Carrier Safety Administration regulations.
Though Walmart provided fatigue information during its driver training, it was not required to have a fatigue management program, the NTSB said.
The comedian was critically injured in the June 2014 accident, which occurred in New Jersey when a bus carrying his entourage was struck by a freight truck operated for Wal-Mart.
But the board added that the actor and his travelling companions contributed to the seriousness of their injuries as none of them were wearing seat belts at the time of the collision.
“Truck driver fatigue isnt going away”, the senator wrote.
“Strong hours-of-service rules are important, but they can not govern what employees do on their own time”, Hart said.
“Heavy trucks are involved in almost one in eight fatal crashes”, Hart said.
“I shudder to think what would have happened if this vehicle had caught fire”, NTSB board member Robert Sumwalt noted.
In June, Morgan told NBC’s “Today” show that he did not remember the crash and still had not been able to return to work but hoped to do so soon. They also have said the truck was traveling at a rate of speed of 47 to 53 miles per hour when it hit the limousine.
Roper was accused of death via auto and four include of ambush via auto state court in New Jersey.
Emergency responders had to remove portions of a “plywood panel” that was installed between the passenger area and the cab as the passengers’ only means of exiting the limo van, a sliding door, had become inoperable in the crash, he explained.
Morgan, a previous “Saturday Night Live” and “30 Stone” star, and the others were coming back from a show in Delaware. He has plead not guilty to death by auto and other charges.
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Wal-Mart Stores has already settled with Morgan and McNair and has put Roper on administrative leave since the accident pending the outcome of the investigation.
