Tracy Morgan is still fighting to get back to his normal physical health after the tragic car accident that left him in critical condition and killed comedian James McNair in June.

Morgan’s attorney Benedict Morelli told Today that the 30 Rock star is “still struggling, but he’s a fighter and he’s had issues before that he’s fought through, and he’s fighting hard.” Morgan was transferred to a rehab facility at the end of June after spending nearly two weeks in the hospital. The comedian has since returned home to finish his recovery.

Morelli also spoke about the comedian’s ongoing lawsuit against Walmart. Many have questioned why they are suing the company, versus Kevin Roper, the driver of the truck that collided with Morgan’s limousine. Morelli said they believe Walmart’s culture of having drivers on the road for extended periods of time is to blame.

“[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,” Morelli said. “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.”

Morelli promised the families of all the victims that he would make sure Walmart takes full responsibly for the accident.

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