Walmart has claimed Tracy Morgan is to blame for his own injuries as he failed to wear a seatbelt at the time one of their vehicles ploughed into the car he was travelling in.

The retail giant is being sued by the former '30 Rock' star, who suffered a broken femur, broken nose and broken ribs during the crash, after one of the company's trucks mowed into the limo bus he was travelling in on the New Jersey Turnpike in June.

However, the company responded today (29.09.14) 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,'' according to the Hollywood Reporter.

Tracy's lawyer filed a lawsuit in July, claiming Walmart is responsible because the truck driver Kevin Roper 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 45-year-old actor, who spent 10 days in a critical condition in hospital, was transferred to a rehab facility on June 20, 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 judgment interest at a trial by jury.