Over the weekend, actor Tracy Morgan was injured in a deadly crash on the New Jersey Turnpike. Now, we’re learning that the truck driver who smashed into Morgan’s limo bus did not rest for 24 hours before the crash.

Morgan’s friend and mentor, 62-year-old James “Jimmy Mack” McNair, was killed. Three others were injured, including Morgan, who remains in critical condition. He had surgery on his leg and is expected to remain in the hospital for several weeks.

According to prosecutors, the Walmart truck driver, 35-year-old Kevin Roper, failed to notice was traffic slowing down. He has been charged with one count of death by auto and four counts of assault by auto.  

Lis Wiehl weighed in on the legal battle today on ‘The Real Story.’ She said that sleepiness does not work as a defense in New Jersey.

“If you have been found to be awake for 24 hours or more and driving, that’s reckless homicide,” Wiehl said.

As for culpability Walmart may face, Wiehl explained respondeat superior. “In other words, if you’re the company and you know that your truck was out there, he’s driving over the amount of hours he should be driving, […] you have an obligation to not have that driver on the road.”