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Compliance Management: Walmart Versus Mr. Roper

By HR Resource Force In Trucking Incidents

There has been significant press about walmart vs. Mr. Roper. The Walmart truck driver in New Jersey struck the vehicle carrying professional comedian Tracy Morgan.  The crash injured Tracy and killed comedian James McNair.  Now imagine if you were a jury hearing this case and deciding a damage award against Walmart when you heard their driver had been awake for 24 hours prior to the crash.

Legally, awake time is not a variable in the court room, and Mr. Roper’s drive “time” was within legally compliant limits. Nonetheless, is the driver negligent or is Walmart Corporation non-compliant for not proving a driver stability evaluation? Would you be kind to Walmart or award a large settlement claim against them for not ensuring their employee’s and other’s safety?

One must consider Walmart has some of the industries best safety standards, procedures and training of any private or for-hire fleet.  They significantly invest in technology and have been recognized by the American Trucking Associations with their highest safety honor.  Knowing that, would you see Mr. Roper as a rogue employee responsible for his own actions, or Walmart as an employer who pushed their employee too hard?  Would your valuation of damages against Walmart change?

What measurable actions do you use to defend your company?