The driver of the lorry involved in a fatal crash that injured comedian Tracy Morgan had not slept for more than 24 hours, according to court papers.
Walmart driver Kevin Roper, 35, from Georgia, has been charged with death by auto, and is due in court on Wednesday.
Mr Morgan is improving but still critical after the multi-vehicle crash on a New Jersey highway on Saturday.
He 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 lorry.
Morgan, 45, suffered injuries including broken ribs, a broken nose, and a broken leg.
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