Tracy Morgan still has a tough road to recovery.
The Saturday Night Live star's attorney, Benedict Morelli, appeared on the Today show Monday morning to give an update on his client's condition. "He's still struggling, but he's a fighter and he's had issues before that he's fought through, and he's fighting hard," he told Matt Lauer.
The comedian suffered broken ribs, a broken nose and a broken leg following the June 7 car crash on the New Jersey Turnpike that killed his friend and fellow comedian James McNair and seriously injured two others.
According to the National Transportation Safety Board's report, Walmart driver Kevin Roper was going 65 mph in a 45-mph zone just before crashing into the 30 Rock actor's vehicle.
Roper, 35, pleaded not guilty to death by auto and assault by auto charges. A criminal complaint accuses him of not sleeping for more than 24 hours before the crash, which is a violation of New Jersey law.
The 45-year-old Rio star filed a lawsuit against Walmart for negligence last month, and Morelli believes the retail chain should take full responsibility for the fatal accident.
"[Roper] works for Walmart, and I'm going to show, if I have to in court, that that's the culture, that that's what they set up," Morelli said. "They know and, by the way, he isn't the only driver that drives hundreds of miles to get to work. They have to make sure that this doesn't happen."
The good news is that Morgan is slowly on the mend and in positive spirits.
Three weeks ago, the comic was released from rehab to continue his recovery at home with an aggressive outpatient program. "[Tracy] asked me to pass along his sincerest gratitude to everyone who has helped him get to this point. He would also appreciate some privacy during this crucial point in his recovery," his rep announced.
During his first post-crash sighting, he graciously told fans, "I'm O.K. I feel strong. Love you. Thank you. I appreciate everything."