Tracy Morgan Tracy Morgan

The truck driver involved in Tracy Morgan's crash this summer has requested that Morgan's lawsuit be delayed until his criminal case is closed, CBS News reports.

The driver, Kevin Roper, faces criminal charges in the crash on the New Jersey Turnpike that killed comedian James McNair and seriously injured several other people, including Morgan, who may never perform again as a result of his injuries.

Tracy Morgan is "having a tough time" recovering from crash, lawyer says

In July, Morgan sued Walmart for criminal negligence in regards to the crash. The lawsuit states that Roper had been awake for more than 24 hours and fell asleep behind the wheel of the Walmart truck he was driving.

Walmart responded to the suit by saying Morgan was at fault because he was not wearing a seatbelt at the time of the crash.

Roper's attorney contends that if Morgan's lawsuit goes through, Roper would be forced to defend two actions at once, according to CBS News. Roper is not named in Morgan's lawsuit against Walmart.