Walmart has claimed that actor and comedian Tracy Morgan was not wearing his seatbelt during the June 7 incident that left him seriously injured and has taken the life of his mentor and friend, 62-year-old James McNair.

The incident happened in New Jersey when Morgan together with McNair and other friends were travelling in a limo bus and was struck from behind by a Walmart truck being driven by 35-year-old Kevin Roper.

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Legal documents have been filed on Monday by Walmart alleging that the injuries suffered by Morgan were not solely due to the driver's negligence but also because Morgan did not wear the appropriate and available seatbelt restraint device.

They added that the people in the vehicle, who failed to use the seat belts, acted unreasonably and in disregard as they were fully aware that seatbelts are in the vehicle and should be worn at all times.

45-year-old Morgan has been in critical condition for several days as he suffered a broken leg and broken ribs. The '30 Rock' actor had to undergo a month long rehabilitaion procedures in the rehabilitation facility for his speedy recovery.

A lawsuit has been filed by Morgan's attorneys in July, claiming that, Walmart was negligent in allowing Roper operate their vehicle considering, Roper have traveled 700 miles away from his home and was awake for more than 24 hours, when the incident occurred.

The investigators noted that, before the crash, Roper was driving at the speed of 20 miles per hour which is over the speed limit.

Roper is to be charged with death by auto and four counts of assault by auto criminal charges but has pleaded not guilty in all charges.

Three other plaintiffs,  comedian Ardley Fuqua Jr., Jeffrey Milea, the assistanf of Morgan as well as Jeffrey's wife Krista, also filed lawsuits against the said driver.

TagsTracy Morgan, car crash, accident, Walmart truck, Kevin Roper, seatbelt, not worn, James McNair