Actor Tracy Morgan is struggling more than two months after he was injured in a motor vehicle crash that left a fellow comedian dead.

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

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.

Tracy Morgan-Accident

Truck driver Kevin Roper pleaded not guilty in the fatal New Jersey Turnpike crash that also injured comedian Tracy Morgan. ( John O'Boyle/The Star-Ledger/The Associated Press)

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

Morelli has filed suit against Wal-Mart, claiming the retailer should have known the truck driver had driven 1,100 kilometers.

A criminal complaint alleges the 35-year-old driver, Kevin Roper, of Jonesboro, Georgia, hadn't slept for more than 24 hours before the accident. Wal-Mart has said it believes he was in compliance with federal safety regulations.

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