Maggie's Law founder speaks out on Tracy Morgan crash

Carole McDonnell, of Washington Township, holds a picture of her daughter Maggie in a photo that was taken 3 days before she was killed by a driver that fell asleep behind the wheel in this 2002 file photo.

WASHINGTON TWP. — Nearly 17 years after Maggie McDonnell's death in a head-on collision, the fatigued-driving law that bears her name will be put to use once again.

Maggie's Law was passed by the state legislature in 2003 to charge drivers who killed someone after not sleeping for more than 24 hours with vehicular homicide.

Now, Maggie's mother hopes the accident that killed writer and comedian James McNair and sent comedian Tracy Morgan to the hospital in critical condition will bring national attention back to fatigued driving.

"I feel sad for his family. It's outrageous that somebody would drive under those conditions," said Carole McDonnell of Washington Township, who helped draft Maggie's Law. "That's why the law was created — to take people like that off the roads."

Maggie died July 2, 1997, at age 20 when a driver who had been awake for 30 hours and smoked crack the night before crossed the center lane of the White Horse Pike in Clementon and hit her car head-on.

Kevin Roper, the truck driver who is accused of causing the turnpike crash that killed McNair and sent four others including Morgan to the hospital early Saturday morning, has been charged with death by auto and four counts of assault by auto. Initial police reports say he had been awake for 24 hours at the time of the crash. Trucking industry regulations dictate that drivers cannot be on the road for more than 11 hours at a time, and the National Transportation Safety Board is investigating the accident.

"I know the industry enforces it," McDonnell said. "But whether the truckers follow it, I don't know."

Before Maggie's Law, said McDonnell, fatigued driving was not taken seriously. The driver who killed Maggie got off with a $200 fine.

"It took her death to make people aware of the dangers of driving tired," she said. "It was like drunk driving. People years ago didn't take drunk driving seriously. They didn't take texting and driving seriously. But all these things impair driving."

State Senate President Stephen Sweeney, a major player in passing Maggie's Law, released a statement on the crash.

"The driver is entitled to his day in court, but if these allegations are true, it is a startling reminder of why 'Maggie's Law' was necessary in the first place. When people go without sleep and get behind the wheel, they are putting their lives and the lives of everyone they encounter on the road in danger," the statement reads. "We also hope that out of this tragedy will come further examination and discussion on how we prevent people from driving sleep deprived."

McDonnell is a member of the Gloucester County Traffic Safety Task Force. Every year, the group holds a contest in which high school students make short public service videos about traffic issues. McDonnell was not on the panel of judges this year, but for the first time ever, the winner was a video about fatigued driving.

Her other work on the subject includes speaking both around the U.S. and abroad about Maggie's Law. The British Broadcasting Corp. even made a short documentary about the McDonnells and the legislation.

"It was very high-profile when it happened," she said. "Looks like right before the anniversary of her death, it's high-profile again."

Contact staff writer Andy Polhamus at 856-686-3729 or apolhamus@southjerseymedia.com

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