Tracy Morgan has filed a lawsuit against Walmart after the accident in June that left him in critical condition and killed fellow comedian James McNair.

The complaint, filed on July 10 in the U.S. District Court in New Jersey, states that Walmart employee Kevin Roper crashed into Morgan's limo bus on the New Jersey Turnpike and caused harm to the passengers.

"The defendants' negligence was a substantial contributing factor in causing plaintiffs' injuries," the legal document explains, according to media reports.

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The complaint also reportedly states that the company should have been aware of the driver's 700-mile commute was "unreasonable" and that he had been awake for more than a day.

Morgan, 45, had to undergo surgery for a broken leg after the June 7 accident and also had broken ribs, a broken nose and femur.

The truck driver, a resident of Jonesboro, Ga., pleaded not guilty after he turned himself into police the night the accident occurred and was given a bail of $50,000. Roper, 35, was charged with one count of vehicular homicide and several counts of assault by auto. He could face up to 10 years in prison, according to reports.

Later in June, Morgan's publicist, Lewis Kay, put out a statement with an update on the comedian's status.

"Happy to pass along that Tracy has been upgraded to fair condition, which is a great improvement," his publicist said. "His personality is certainly starting to come back as well."

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