Tracy Morgan's lawyer says Walmart is trying to lessen their damages, referring to a 28-page response saying they are not responsible because the plaintiffs were not wearing seatbelts.
"It's not a defense," Morgan's attorney Benedict Morelli tells The Associated Press about Walmart's response. "They're trying to mitigate their damages."
Kevin Roper, a Walmart employee who was driving a company truck, rear-ended the actor's car while going 20 mph over the speed limit, killing Morgan's longtime friend, comedian James McNair, according to CNN reports.
Morgan filed a lawsuit after the incident, accusing Walmart of being noncompliant with Federal Motor Carrier Safety Administration Regulations enacted to combat the dangers of driver fatigue because Roper was awake for over 24-hours before getting behind the wheel of the vehicle, reports CNN.
In response, Walmart said McNair's injuries were "caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seat belt restraint device." The company adds that by not using seat belts, the plaintiffs "acted unreasonably and in disregard of plaintiffs' own best interests."
Walmart also says they are not responsible for Morgan's injuries because he was not wearing his seatbelt either, which is required by law.
In June Roper pleaded not guilty to the criminal charges of the case including vehicular homicide and assault by auto.
Walmart is not directly addressing Roper's role in the accident until the ongoing National Transportation Safety Board investigation is complete.
