Tracy Morgan is having a ''tough time'' recovering from his injuries following his car crash in June.

The 45-year-old actor suffered a broken femur, broken nose and broken ribs when a Walmart truck crashed into the vehicle he was travelling in on the New Jersey Turnpike three months ago, and his lawyer Benedict Morelli has revealed the '30 Rock' star is ''struggling.''

Speaking to PEOPLE, Mr. Morelli said: ''He's really having a tough time. He's making incremental progress. But they'll have to wait another month before they assess him cognitively.''

Tracy - who was released from a rehabilitation facility in mid-June - is still undergoing at-home therapy and relies on a wheelchair to get around, and it may be many more months before he can fully walk again.

As a result of the incident - which occurred on June 7 and killed Tracy's comedy writer friend James McNair, 62, who was travelling home from a gig with him and a group of friends - the comedian has filed a lawsuit against the supermarket chain as a way of proving that drivers are awake for too long due to big commutes.

Kevin Roper, the employee who was driving the Walmart truck at the time of the crash, has pleaded not guilty to charges of death by auto and assault by auto.