The six-car collision cost Tracy's friend James McNair his life and left Tracy with broken ribs, a broken nose and a broken leg. Initial reports indicated Walmart truck driver Kevin Roper was overworked and very tired on the day of the crash, causing him to crash into the comedian's bus.
Now the company is responding to Tracy's negligence lawsuit but claiming the fault lies with the passengers of the bus.
According to Walmart, injuries "were caused, in whole or in part, by plaintiff's failure to properly wear an appropriate available seatbelt restraint device. By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiff's own best interests."
Roper refused to take responsibility for the accident, pleading not guilty to one count of vehicular homicide and four counts of assault by auto just days after the crash. Unfortunately for both him and Walmart, the National Transportation Safety Board reported he was going 65 mph in a 45-mph zone at the time.
Photo: Getty Images