Almost four months after the six-car accident on the New Jersey Turnpike that sent Tracy Morgan to the hospital and killed a fellow passenger, the famed comedian is still “struggling to recover,” his lawyer said.

Benedict Morelli, Morgan’s lawyer, was shocked and “very upset” when Walmart filed a response to his client’s lawsuit in New Jersey federal court earlier this week, partially blaming the injuries on Morgan and the other passengers for not wearing their seatbelts.

The company’s filing stated that if the passengers had been wearing safety restraints, “all or a portion of the injuries could have been diminished or minimized.

“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 they are putting in an answer like this, blaming the victims. It is not appropriate.”

The accident took place in June when Walmart driver Kevin Roper hit Morgan’s limo bus. The lawsuit from Morgan and others involved claimed Walmart should have known Roper was awake and driving for more than a full day before the crash.

Morelli added, “Walmart at the very beginning said they would take full responsibility for this accident. They knew it was there fault.”

Read the full story about Tracy Morgan’s recover via Inside Tracy Morgan’s Road to Recovery After Accident – ABC News.