Tracy Morgan
Comedian Tracy Morgan has issued a lawsuit against Walmart.Reuters

US star Tracy Morgan has sued Walmart following a crash that left him seriously injured and killed a fellow comedian.

The 45-year-old 30 Rock star was travelling with six people in a limousine when it was involved in a collision at the New Jersey Turnpike at 1am on 7 June.

Two tractor-trailers, a SUV and two cars were reportedly involved in the crash that occurred when a Walmart truck slammed into Morgan's limousine, causing a pile-up.

The lawsuit holds Walmart responsible for accident because the driver of the truck had not slept in over 24 hours.

The complaint argues that the retail giant should have known the driver's commute of 700 miles (1,125km) from his home in Georgia to work in Delaware was "unreasonable".

"As a result of Wal-Mart's gross, reckless, wilful, wanton, and intentional conduct, it should be appropriately punished with the imposition of punitive damages," the statement reads.

Responding to the lawsuit Walmart saying: "Our thoughts and prayers continue to go out" to all involved, including Mr McNair's friends and relatives.

"We are deeply sorry that one of our trucks was involved. As we've said, we are cooperating fully in the ongoing investigation. We know it will take some time to resolve all of the remaining issues as a result of the accident, but we're committed to doing the right thing for all involved."

The 30 Rock and former Saturday Night Live star is recovering in rehabilitation centre after he suffered a broken leg and broken ribs in the accident.

Sixty-two-year-old comedian James McNair, who went by the name Jimmy Mack, was killed in the crash.

Two other limo passengers who were also injured are named as plaintiffs in Morgan's lawsuit.

Meanwhile, Walmart truck driver Kevin Roper has been charged by police after federal transportation safety investigators said he was driving at a speed of 65mph (105kph) in the 60 seconds before he struck the limo van.

The speed limit for that stretch of the turnpike is normally 55mph (89kph), but had been lowered to 45mph (72kph) due to ongoing road work.

Investigators also concluded that Roper had been driving for 13-and-a-half hours at the time of the crash.

Federal regulations allow truck drivers to work up to 14 hours, with a maximum of 11 hours behind the wheel.

The 35-year-old has pleaded not guilty to death by auto and assault by auto charges.