Tracy Morgan is taking it one day at a time as he continues to recover from his six-car crash in June.
"He's really having a tough time," Morgan's lawyer, Benedict P. Morelli, tells People. He's "struggling."
The 30 Rock alum, 45, has been spotted using a walker in the months since the early morning pileup, which left him in critical condition and killed his friend, comedian James "Jimmy Mack" McNair.
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Morgan currently relies on a wheelchair most of the time, and it may still be months before he can fully walk again. He continues to undergo at-home therapy since he was released from a rehabilitation facility in July. In addition to his broken leg, Morgan suffered several fractures to his face and traumatic brain injuries.
"He's making incremental progress," Morelli tells the magazine. "But they'll have to wait another month before they assess him cognitively."
Last month, Morgan filed a lawsuit against Walmart over the crash, which he alleges was caused by the driver of a Walmart truck.