As Tracy Morgan recovers after a chain reaction crash on the New Jersey Turnpike Saturday, prosecutors say the trucker involved hadn't slept for more than 24 hours.
Morgan was critically injured in the crash.
A spokesman for the comedian said Morgan had surgery for a broken leg Sunday and is more responsive.
He also suffered a broken nose and several broken ribs, and he will likely stay in the hospital for several weeks.
Morgan's spokesman said the 45-year-old is surrounded by family and is receiving "excellent care."
Comedian James "Jimmy Mack'' McNair was killed in the crash.
Walmart truck driver Kevin Roper, 35, is charged with one count of death by auto and four counts of assault by auto.
Police say Roper, who's from Georgia, failed to slow down for traffic ahead of him and swerved at the last minute, rear-ending the limousine that Morgan was riding in and causing a chain reaction accident involving four other vehicles.
Roper is due in court on Wednesday.
Morgan was coming back from a performance at a casino in Delaware Friday night.
The former "Saturday Night Live" and "30 Rock" star was born in the Bronx and raised in Brooklyn.