Wal-Mart truck driver Kevin Roper, who was charged over the fatal crash that also injured Tracy Morgan, is due in court today.
Court papers claim the 35-year-old driver had not slept for more than 24 hours before the accident early on Saturday morning.
Kevin Roper swerved to avoid traffic on the New Jersey Turnpike, crashing into Tracy Morgan’s limo bus and killing fellow comedian James McNair, known as Jimmy Mack.
The driver is facing death by auto and assault charges.
Tracy Morgan, who was nominated for an Emmy for his role in 30 Rock, is in a critical but stable condition after surgery on his leg at the weekend.
Earlier this week, Tracy Morgan’s spokesman Lewis Kay dismissed online rumors that his leg had to be amputated, calling them “completely fabricated”.
Tracy Morgan suffered a broken femur, a broken nose and several broken ribs in the accident, in which two other passengers were seriously injured.
One further passenger was treated and released from the hospital on Saturday while the limo driver and another passenger were unhurt.
New Jersey State Police have now released audio recordings of the three emergency calls made after the crash.
One unidentified woman told the operator: “It’s a terrible accident. The car flipped. It’s on its side. It’s two vehicles and a Wal-Mart truck.”
Tracy Morgan, who also starred in Saturday Night Live, was scheduled to start filming ten episodes of a new half-hour comedy show in August, for cable network FX.
“The only thing we are concerned with is the health and recovery of Tracy Morgan and the victims of this tragic accident,” said the network in a statement.
“We will support Tracy and his family in every way possible throughout his recovery. At the point when Tracy has recovered and decides that he is ready to go back to work, his show will be waiting for him.”
[youtube aZMW8yDh-Mw 650]