The Walmat truck driver behind the wheel during a crash that seriously injured actor Tracy Morgan and killed one person hadn’t slept in over 24 hours according to a complaint filed on Monday.
In the state of New Jersey, where the complaint was filed and Kevin Roper was driving a company tractor trailer, exceeding 24 hours without sleep is a criminal violation. In a statement released by Walmart they believe the driver was operating “within the federal hours of service regulations.”
Roper failed to recognize traffic slowing in front of him and careened into the limo bus transporting the comedian and friends from a show in Delaware.
The Federal Motor Carrier Safety Administration requires commercial drivers spend a minimum of 10 hours off duty and can only spend a maximum of 11 hours a day behind the wheel. According to the National Highway Safety Administration, sleep-deprived drivers cause more than 100,000 accidents a year and 1,550 deaths.