Tracy Morgan and fiancee Megan Wollover attend Spike TV's “Don Rickles: One Night Only” on May 6, 2014, in New York City. 
Mike Coppola/Getty Images for Spike TV

It’s been four months since Tracy Morgan was involved in a tragic accident with a Wal-Mart driver who fell asleep behind the wheel, and his lawyer says he is struggling to recover. The six-car accident, which occurred on a stretch of highway in New Jersey, left one passenger in Morgan’s limo-bus dead and several others injured.

Benedict Morelli, Morgan’s lawyer, says that he was upset by Wal-Mart’s response to Morgan’s lawsuit: The company blamed Morgan and the other passengers for their injuries because they were not wearing seat belts.

“All of my clients have had traumatic brain injuries and they are all extremely injured,” Morelli told ABC News. “It is actually an embarrassment that [Wal-Mart is] putting in an answer like this, blaming the victims. It is not appropriate.”

Morelli also stated that every day is a process when it comes to his clients’ recovery. “Everyone is struggling to recover and Tracy is doing the best he can,” he said. “He is still in the wheelchair. He is struggling along, fighting every day to recover, true of my other clients. Also, Tracy is fighting so hard to recover, and when Wal-Mart puts out a statement like this … it makes all of the families of my clients very upset.”

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On Thursday the New York Daily News posted photos of Morgan being assisted in his wheelchair and using a cane to walk.

“This is the way he is now,” Morelli told the News. “He has to use the wheelchair anytime he’s out and about. He can’t do that many steps. He’s still unsteady. He has this head injury, and his leg isn’t totally better yet. He has to struggle to inch along.”

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Morgan is suing Wal-Mart for negligence, claiming that the company is responsible for the crash because its driver, Kevin Roper, hadn’t slept in 24 hours.