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Tracy Morgan's attorney says Walmart is at fault for crash

Tracy Morgan's attorney says Walmart is at fault for crash

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NEW YORK CITY — The attorney for Tracy Morgan says the actor still has a long road ahead as he recovers from injuries suffered in a crash in June.

Morgan and several of his associates were critically injured when a Walmart semitrailer crashed into the limo they were riding in on a New Jersey turnpike. Morgan's friend and mentor, comedian James McNair was killed.

The truck driver, Kevin Roper, has pleaded not guilty to criminal charges of vehicular homicide and assault.

Last month, Morgan and the others who survived the crash filed a lawsuit against Walmart, alleging the driver had exceeded federal safety limits when the crash happened.

"He's still struggling but he's a fighter," said Morgan's attorney, Benedict P. Morelli on the Today Show. "(Roper) drove 750 miles to pick up the truck in Delaware, and so he was up for approximately 25 hours when the accident happened."

Benedict continued, telling Matt Lauer the driver, who was allowed to work 14 hours total, had already been working for 13 hours and 22 minutes when the accident occurred. Benedict said the driver was headed to Perth Amboy, New Jersey, which would have put him over his hourly limit. But Benedict said the situation is not just the driver's fault, it's also his employer, Walmart's responsibility.

"Because he works for Walmart and I'm going to show, if I have to in court, that that's the culture, that's what they set up, they know," he said. "And by the way, he's not the only driver who drives hundreds of miles to get to work. They have to make sure that this doesn't happen."

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