Tracy Morgan is still struggling to get back on his feet after his tragic car accident in June. The 30 Rock star's lawyer has said recently that "he's a fighter, but we don't know if he's going to be the old Tracy again."

Chicago Lawyer 'Not Unusual' For Questions About Seatbelt Use To Arise In Cases Like Tracy Morgan's

Benedict Morelli, Morgan's lawyer, opened up to People (via Contact Music) Friday saying that while Morgan is a little more mobile, it's still a struggle for the comedian.

"He's able to take some steps and doesn't have to be in a wheelchair every single minute.'' But, Morgan still has his "up and down days" and being in rehab and struggling is "troubling" for him.

Tracy Morgan May Not Work Again After Tragic Car Crash

When Morgan learned that Walmart was blaming him for not wearing his seat belt in the limo that was hit by a truck, Morgan was very unhappy.

''He was so upset. It was all over the place," his lawyer said. "He was reading about it and seeing in on TV... he replayed to me that he wanted to say something.''

"By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonably and in disregard of plaintiffs' own best interests," Walmart's 28-page response read. "Accordingly, all or a portion of the injuries could have been diminished or minimized by the exercise of reasonable conduct using the available seatbelts."

Morgan than said that he was "shocked" and "upset" about their claims.

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