Tracy Morgan not out of the woods yet

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IOL TracyM Greg Allen/Invision/AP Tracy Morgan

Tracy Morgan is "struggling" following his car accident.

The 45-year-old actor suffered serious injuries, including a broken femur, broken nose and broken ribs, when a Walmart truck crashed into the vehicle he was travelling in on the New Jersey Turnpike in June, and his lawyer Benedict Morelli has revealed the '30 Rock' star is "fighting hard" to recover.

Speaking on the 'Today' show, he said: "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."

As a result of the incident - which occurred on June 7 and killed Tracy's comedy writer friend James McNair, 62, who was travelling home from a gig with him and a group of friends – Tracy filed a lawsuit against the supermarket chain.

Explaining why they are suing Walmart rather than Kevin Roper, the employee who was driving the truck at the time, Benedict admitted he is determined to show the organisation has a "culture" in which their drivers are awake for too long because of big commutes.

He explained: "[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.

"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."

This comes after Tracy told reporters that he was feeling "strong" when he was seen looking noticeably thinner and using a frame to help him walk as he left his home in Cresskill, New Jersey, in July.

He flashed a peace sign to waiting reporters and said as he walked to his car: "I'm OK. I feel strong. Love you. Thank you very much. I appreciate it."

Roper has pleaded not guilty to charges of death by auto and assault by auto.

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