More than two months after he was involved in a fatal car accident on the New Jersey Turnpike, Tracy Morgan is “still struggling.” During an appearance on NBC’s Today Show, the comedian’s attorney Benedict Morelli revealed that Morgan is fighting hard on the road to recovery.

Morgan’s car accident took place on the New Jersey Turnpike on June 7th. Morgan and his 63-year-old mentor James McNair were traveling in a limo bus when a Walmart truck crashed into them, tragically killing McNair. Morgan was sent to Robert Wood Johnson Hospital’s intensive care unit and remained there for two weeks, before being transported to a rehabilitation facility for an additional three weeks. He suffered from a broken nose, broken ribs, and had to go through an emergency surgery to repair a broken femur.

Morelli announced on the Today Show Monday morning that Morgan is “still struggling, but he’s a fighter and he’s had issues before that he’s fought through, and he’s fighting hard.”

The 30 Rock star has filed a lawsuit against Walmart over the tragic crash. During his first appearance at the Middlesex County Superior Court on June 11th, the driver of the Walmart truck, Kevin Roper, pleaded not guilty to one count of vehicular homicide and four counts of assault by auto. The criminal complaint reveals that Roper caused the accident because he was driving his truck “without having slept for a period in excess of 24 hours.”

“[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,” said Morelli. “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.”

If Roper is convicted of all charges, he will face up to 15 years in prison. He is currently out of jail on a $50,000 bail.