Driver in Tracy Morgan Crash Had Not Slept in 24 Hours: Complaint

Tracy Morgan is in critical condition after the crash Saturday on the New Jersey Turnpike

The driver of the tractor-trailer that struck a limo bus carrying Tracy Morgan and six others on the New Jersey Turnpike Saturday, killing one person and leaving the comedian and two others critically injured, had not slept in more than 24 hours, according to a criminal complaint. 

Kevin Roper, 35, was driving a Walmart truck on the turnpike when he apparently failed to notice traffic slowing down in front of him. Roper smashed into the back of the the limo, causing it to flip and slid into several other vehicles.

Comedian James "Jimmy Mack" McNair was killed, and Morgan suffered a broken leg, broken nose and several broken ribs and is expected to remain hospitalized for "several weeks," according to his spokesman Lewis Kay.

The 45-year-old "Saturday Night Live" and "30 Rock" actor remained in critical but stable condition Monday, Kay said. He had surgery on Sunday.

Also critically injured were Morgan's assistant, Jeffrey Millea, 36, and comedian Ardie Fuqua Jr., 43. They were in critical condition Sunday evening, said officials at Robert Wood Johnson Hospital in New Brunswick. Another passenger, comic Harris Stanton, was treated and released.

A criminal complaint charging Roper with vehicular homicide and assault by auto alleges he had not slept in more than 24 hours. It did not elaborate on that part of the investigation.

Walmart said in a statement: "It is our belief that Mr. Roper was operating within the federal hours of service regulations," which require drivers to work no more than 14 hours for any shift and 11 hours of driving .

Morgan was coming back from a standup show in Delaware when the limo was struck about 15 miles north of Trenton near exit 8A. 

Roper was released on bail Saturday night and is set to be arraigned Wednesday. Attorney information was not immediately available.

Pictured: Kevin Roper is the tractor-trailer driver who was charged in the fatal accident involving comedian Tracy Morgan. 

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