Driver Charged In Tracy Morgan Crash Reportedly Awake 24 Hrs

The driver who crashed into Tracy Morgan's limo has been charged with one count of death by auto and four counts of vehicular assault.

Driver Charged In Tracy Morgan Crash Reportedly Awake 24 Hrs
New Jersey State Police

As actor and comedian Tracy Morgan remains in critical condition at a New Jersey hospital, the truck driver who crashed into Morgan's limo has been charged after reportedly not sleeping for more than 24 hours prior to the collision. 

Those charges include one count of death by auto and four counts of assault by auto. (Via News 14

"The truck driver triggered the crash in New Jersey. ... He was driving a Wal-Mart big rig when it slammed into Morgan's limo bus on Saturday. Morgan's comedian friend James McNair was killed." (Via CBC)

"I was facedown on the asphalt. It was unreal. I mean, I didn't know what happened. I mean, shattered glass, things like that. It all happened so fast." (Via WCAU)

The truck driver, 35-year-old Kevin Roper, is an employee of Wal-Mart. He turned himself in to police after the accident and was released Saturday night on $50,000 bail.

CNN quoted Wal-Mart President and CEO Bill Simon, who said in a statement: "This is a tragedy, and we are profoundly sorry that one of our trucks was involved. ... The facts are continuing to unfold. If it's determined that our truck caused the accident, Wal-Mart will take full responsibility."

A Fox News legal corespondent alluded to possible repercussions for Roper as well as Wal-Mart.

"Does sleepiness work as a defense?"

"Absolutely not. ... I mean, he's looking at a lot of time. ... Now we get into Wal-Mart ... If you know that your trucker's out there and he's driving over the hours ... then you have an obligation to not have that driver on the road." (Via Fox News

In all, Morgan and three others were seriously hurt. Officials do not believed alcohol played a role in the crash. ABC reports investigators' preliminary theory is that Roper dozed off at the wheel. He appeared in court Monday morning to answer the charges against him.

Morgan suffered a broken nose, leg and femur as well as broken ribs. According to his rep, he is showing signs of improvement but the recovery process is expected to be a long one.