Tracy Morgan's attorney told NBC's "Today" show that the actor and comedian is recovering at his home but "still struggling" with his health. Morgan, and several members of his entourage, was involved in a car accident on the New Jersey Turnpike that killed Morgan's friend and fellow comedian James "Jimmy Mack" McNair.

"He's still struggling, but he's a fighter," attorney Benedict Morelli said Monday. "He's had issues before that he's fought through, and he's fighting hard."

Morgan broke a leg, his nose and several ribs in the car accident and underwent an operation at a New Brunswick, N.J. hospital before being transferred to a rehabilitation center. Last month the "30 Rock" star was released but still had to continue an "aggressive outpatient program" at his home.

At the time, the 45-year-old was photographed using a walker to help him get around. On June 7, a Wal-Mart tractor-trailer slammed into the back of Morgan's limo bus as the comedian and his friends were leaving a show. The driver of the truck, 35-year-old Kevin Roper, pleaded not guilty to charges of vehicular homicide and assault by auto.

An investigation into the accident revealed that Roper had been awake for more than 24 hours before the crash and was driving 20 miles per hour over the reduced speed limit in a construction zone. Morgan, along with the other people injured in the crash, filed a lawsuit against Wal-Mart alleging that the company knew or should have known that Roper had not had enough sleep, the Huffington Post reports.

Wal-Mart issued a statement and said they were cooperating with the investigation and would take "full responsibility" if Roper was found responsible.