Tracy Morgan has filed a lawsuit against Wal-Mart over the fatal highway crash that critically injured him and several others.

The lawsuit was filed this week in the U.S. District Court in New Jersey. The suit claims Wal-Mart was negligent when Kevin Roper, the driver of the tractor-trailer rear-ended the former 30 Rock star’s limousine van.

It also claims the company should have known their driver had been awake for over 24 hours, and that his 700-mile commute from his hometown of Jonesboro, Georgia to work in Delaware was “unreasonable.” The suit accuses the driver of falling asleep behind the wheel.

The Walmart truck that rear-ended Morgan’s limo was traveling 20 mph over the speed limit and its driver was almost at his drive time limit, according to a preliminary report by the National Transportation Safety Board. The investigation also found that Roper was almost 14 hours into his shift, which is past the federal limit of eleven.

Morgan was returning from a standup performance at Dover Downs Hotel & Casino in Delaware when the crash occurred on June 7. The 45-year-old suffered broken ribs, a broken nose and a broken leg in the crash. Friend and fellow Comedian James McNair, who went by Jimmy Mack, died in the crash. Several others on board were hurt as well.

Roper has pleaded not guilty to criminal charges that include vehicular homicide and assault by auto.

Morgan was a regular on Saturday Night Live for seven years, and later received an Emmy nomination for his role in the comedy series 30 Rock. His spokesman says he is currently recovering in a rehabilitation center, where he is expected to stay for the next few weeks.