The former '30 Rock' star - who suffered a broken femur, broken nose and broken ribs during the crash on the New Jersey Turnpike in June - is suing retail giant Walmart claiming driver Kevin Roper caused the accident because he was too tired to drive, and the trucker has now filed documents asking to be included in the case so his rights are not compromised.
According to TMZ, Roper has also asked for the civil case brought by Tracy and the other victims to be put on hold until his criminal case is completed, though the 45-year-old star wants it to go ahead because he needs the money from a judgement, likely because he can no longer work.
The documents reportedly state that Tracy's financial problems are nothing compared with the driver's, who cites the fact the comic was travelling in a limo as proof.
Tracy's lawyer filed a lawsuit in July, claiming Walmart is responsible because the truck driver was allegedly fatigued when the accident occurred and that "Walmart knew or should have known" that he had been "awake for more than 24 consecutive hours."
The retail giant later hit back with nine defences, including that Tracy's injuries "were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device."
The actor spent 10 days in a critical condition in hospital and was later transferred to a rehab facility, but still "has a long way to go" before he fully recovers from the six-vehicle accident, which also killed his comedy writer friend James McNair.
Tracy's assistant, Jeffrey Millea, his wife Krista Millea and comedian Ardie Fuqua are also suing for negligence, and Krista is suing for loss of consortium.
The group are seeking compensatory and statutory damages, punitive damages, legal fees, as well as pre- and post judgement interest at a trial by jury.
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