Tracy Morgan released from rehab, plans to sue Wal-Mart
38 replies, posted
[QUOTE=Hugg;45371350]yeah lets ruin the truckers life instead[/QUOTE]
Unless they were overexhausting him by force (as in, doing really retarded deadline for that ride etc), why is it unreasonable not to ruin truckers' life if it's his fault?
[QUOTE=SexualShark;45371352]Wal-mart is a shit company, they probably kept this guy on a very tight schedule, hence no sleep. also its their truck aswell if i may add.[/QUOTE]
Truck drivers have a mandatory rest period, they cant drive more than 70 hours in a work week or over 11 hours at a time.
Not saying walmart isnt a shit company, but they couldn't make him pull 24 hour shifts or deprive him of sleep
[url=http://www.fmcsa.dot.gov/newsroom/new-hours-service-safety-regulations-reduce-truck-driver-fatigue-begin-today]Says it here[/url]
[QUOTE=Die_Hard;45373187]I wonder if Walmart has the hour trackers in their trucks like the shipping companies have, since most major shipping companies only allow a trucker to drive 8-10 hours per-day to try to avoid things like this .[/QUOTE]
I wanna gonna come in and post this. I for sure thought that truckers could not drive for more than 10 hours per day.
[QUOTE=Trunk Monkay;45371287]the fault of the driver is somehow the fault of the company now? If you live 700 miles away from your place of work, you might should either leave early so you have time to sleep before work, move closer to your job, or find a different job.
The driver was over the speed limit, at night, in a construction zone, and with little sleep; I fail to understand how it's walmart's fault.[/QUOTE]
I think the basic concept is if you're on the clock working for me, I'm liable for what you do. That's why businesses carry insurance and such. That's why if you have a horrible driving record most no one will hire you for a driving job- liability.
In this case the way I think it should work is this: He sues Walmart, since it was someone working for Walmart at the time when he caused the crash. Walmart, in turn, can then sue the driver if Walmart feels they can prove the driver was negligent or otherwise did something wrong and violated the terms of his employment.
In this way both Morgan and Walmart can be reimbursed for losses by the party who did the wrong. The problem for Walmart of course is that of the three parties(Morgan/Walmart/driver), Walmart is the one with the most money. So they are not likely to get much, if anything, from the driver. I'd feel bad for them except...Walmart.
[QUOTE=SexualShark;45371352]Wal-mart is a shit company, they probably kept this guy on a very tight schedule, hence no sleep. also its their truck aswell if i may add.[/QUOTE]
+1
I work for walmart :(
[QUOTE=Trunk Monkay;45371911]Walmart is responsible for it's drivers but in the end, most of the blame is going to fall on the driver. He was 20 miles per hour over the speed limit, at night, in a semi, in a construction zone. He was a half hour within the federal limit for being awake at the wheel. The driver was at fault and he should be held accountable for it. I know we all like to blame megacorps because they're terrible companies and they treat their venders and employees like shit, but it was a single person who made the mistake this time around, not walmart.[/QUOTE]
I feel bad that you not only have no idea how companies and policies work, but how exhausting trucking is for a job.
A company is recognized by law as a person, and so any incident where anything under the name of a company is the offender, the company will have to pay up. It is not the trucker's fault for having a shit end job and negligible driving. It's the company's fault for not ensuring it's employees are in healthy conditions.
[QUOTE=Cmx;45375769]Truck drivers have a mandatory rest period, they cant drive more than 70 hours in a work week or over 11 hours at a time.
Not saying walmart isnt a shit company, but they couldn't make him pull 24 hour shifts or deprive him of sleep
[url=http://www.fmcsa.dot.gov/newsroom/new-hours-service-safety-regulations-reduce-truck-driver-fatigue-begin-today]Says it here[/url][/QUOTE]
They have the same kind of laws in Germany, however there are still companies trying to dodge that. A friend of mine is a truck driver who used to work for a good amount of said companies and has been "encouraged" repeatedly to drive for longer than he's actually legally allowed to. Even under the pressure of losing his job.
[QUOTE=uber.;45385881]They have the same kind of laws in Germany, however there are still companies trying to dodge that. A friend of mine is a truck driver who used to work for a good amount of said companies and has been "encouraged" repeatedly to drive for longer than he's actually legally allowed to. Even under the pressure of losing his job.[/QUOTE]
Yeah, or they start a trucking company in Poland, which can hire Polish truckers for Polish wages and regulations, and then hire the trucking company in Poland, which they 'own', to drive in Germany, Netherlands etc.
[QUOTE=Trunk Monkay;45371287]the fault of the driver is somehow the fault of the company now? If you live 700 miles away from your place of work, you might should either leave early so you have time to sleep before work, move closer to your job, or find a different job.
The driver was over the speed limit, at night, in a construction zone, and with little sleep; I fail to understand how it's walmart's fault.[/QUOTE]
He is a representative of Walmart. He is obliged to be of knowledge and uniformity of the principles of the Walmart corporation. Failing to do so is the fault of the man yes, but it is also the fault company in not observing and enforcing their employees.
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