Tracy Morgan Tracy Morgan

It's been nearly four months since a bus crash on the New Jersey Turnpike left actor Tracy Morgan in critical condition and fellow comedian Jim McNair dead.

In July, the 30 Rock alum, who was among several people injured in the crash, sued Walmart alleging negligence on the company's part for not recognizing that truck driver Kevin Roper had been awake for more than 24 hours prior to getting behind the wheel of the truck that eventually slammed into Morgan's limo bus.

Lawyer says Tracy Morgan is still struggling

On Monday, Walmart responded. Among nine affirmative defenses, according to The Hollywood Reporter, the company says that the comedian's injuries "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device."

Basically, Walmart is stating that if Morgan had been wearing a seatbelt, he wouldn't have been nearly as badly injured.

Stay classy, Walmart.