Tracy Morgan Suing Walmart for Collision

The comedian alleges that Walmart "should have known" the driver of the truck that hit him had been awake for 24 hours.
1:44 | 07/15/14

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Transcript for Tracy Morgan Suing Walmart for Collision
We are back now at 7:42 with comedian Tracy Morgan back home recovering from that serious car crash. Morgan is suing Walmart over the accident and also speaking out for the first time. ABC's Mara schiavocampo has the story. Reporter: Flashing a peace sign and a smile while leaving his New Jersey home Monday, Tracy Morgan looked visibly weak but sounded strong. I'm okay. You look great, man. Just wondering how you're doing. Thank you. Reporter: This new video is one of the comedian's first appearances since being critically injured in a car accident last month. After spending five weeks in the hospital, the 45-year-old is still recovering from serious injuries including a broken leg, nose and several ribs, a scar still visible on the side of his head, Morgan was injured when Walmart truck driver Kevin roper allegedly fell asleep behind the wheel crashing into the limousine van the actor was riding in. It's two vehicles and a Walmart truck. Reporter: The accident injured two others and killed Morgan's longtime friend. This is a terrible accident. The car flipped. It's on its side. Reporter: Roper pleaded not guilty to death by auto and by assault charges and Morgan is suing Walmart claiming they should have known he was awake for more than 24 consecutive hours immediately before the subject accident. Responding to the lawsuit Walmart says it is cooperating fully in the ongoing investigation. And as the investigation continues this morning, so does Morgan's recovery. He's now reportedly undergoing an aggressive outpatient program at his home in New Jersey. For "Good morning America," Mara schiavocampo, ABC news, new York. And we are all wishing Tracy to get well soon.

This transcript has been automatically generated and may not be 100% accurate.

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