Kevin Roper, the driver of the truck involved in a fatal crash that injured comedian Tracy Morgan, was awake for more than 24 hours before the incident, according to court papers.
Wal-Mart driver Kevin Roper, 35, from Georgia, has been charged with death by auto, and is due in court on Wednesday.
Tracy Morgan is improving but still critical after the multi-vehicle crash on a New Jersey highway on Saturday.
The actor is expected to remain in hospital for several weeks but comedian James McNair, known as Jimmy Mack, died.
They were travelling in a limo bus when it was struck by the Wal-Mart truck.
Tracy Morgan, 45, suffered injuries including broken ribs, a broken nose, and a broken leg.
Authorities said Kevin Roper apparently failed to slow for traffic and swerved at the last minute to avoid a crash. Instead, his truck hit the back of the limo bus.
In all, six vehicles were involved in the accident, but no one from the other cars was injured.
In a statement released on Saturday, Wal-Mart president Bill Simon said the company would “take full responsibility” if authorities determined one of its trucks had caused the crash.
“We’re praying for the family and friends of the passenger who lost his life in the terrible accident,” the statement said.
The driver of Tracy Morgan’s vehicle, Tyrone Gale said he had been disorientated after his vehicle flipped over, and could hear the passengers in distress.
“I climbed around and heard Tracy screaming for help,” he told ABC News.
“I climbed up on the body of the limo bus … but I couldn’t reach them.”
Tracy Morgan’s assistant, Jeffrey Millea and comedian Ardie Fuqua Jr. were also critically injured in the crash and remain in hospital.
Tracy Morgan was a series regular on Saturday Night Live for seven years and earned an Emmy nomination for best supporting actor for his role in the sitcom 30 Rock.
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