NEW YORK (AP) — Tracy Morgan is struggling more than two months after he was injured in a motor vehicle crash that left a fellow comedian dead.

The limousine bus carrying Tracy Morgan and six other people lies on it's side early Saturday morning on the NJ Turnpike. (AP Photo/Will Vaultz Photography)

His attorney, Benedict Morelli, told NBC's "Today" show Monday the former "Saturday Night Live" cast member is fighting hard.

Morelli has filed suit against Wal-Mart, claiming the retailer should have known that truck driver Kevin Roper had driven 700 miles from his home in Georgia to work in Delaware. "That's the culture," set up by Wal-Mart Morelli told Matt Lauer, saying he is prepared to show in court that "they know" many Wal-mart drivers travel "hundreds of miles" to work.

The lawyer says he has not seen any sign of the "full responsibility" Wal-mart promised it would take should it show that their driver was to blame for the accident.

Morgan suffered a broken leg and broken ribs when the limousine van he was riding in was hit from behind June 7 by a Wal-Mart truck on the New Jersey Turnpike.

The wreck killed 62-year-old comedian James McNair and injured two others.

The truck driver has pleaded not guilty to death by auto and assault by auto charges.

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