Walmart aims counter-charge at Tracy Morgan

Walmart has made a controversial counter-charge against Tracy Morgan.

The "30 Rock" star is suing the retailer over severe injuries he suffered in a highway accident, CBS News correspondent Vanita Nair reports.

Walmart put out a statement immediately following the crash in June: "We are profoundly sorry that one of our trucks was involved. If it's determined that our truck caused the accident, Walmart will take full responsibility."

But now Walmart is answering Morgan's lawsuit with a variety of defenses.

Walmart says Tracy Morgan's injuries were caused at least partly because he wasn't wearing a seat belt.

Morgan sued Walmart for the six-car pileup that killed Morgan's friend James McNair and left two others in critical condition, arguing the company should have known that its driver Kevin Roper was fatigued.

He'd been awake for more than 24 hours before the crash.

In a court document obtained by "The Hollywood Reporter," Walmart said the "plaintiff's injuries were caused in whole or in part by plaintiff's failure to wear an appropriate seatbelt restraint device."

"It's fairly typical of what's known as 'shifting the blame,'" attorney William Frumkin said. "The people involved in causing the accident, Walmart and their driver, are trying to find something that was done by the passenger or passengers that can sort of get them off the hook to some degree."

In a statement, a Walmart spokesperson told CBS News that the company filed an official response to the plaintiffs' lawsuit Monday and "the company continues to stand willing to work with Mr. Morgan and the other plaintiffs to resolve this matter."

At last report, Morgan remains at home, recuperating from his injuries.

Morgan's lawyer also issued a statement to CBS News, saying, "Tracy Morgan is struggling to recover and they answer and blame him and the other victims for what they caused. That's despicable."

Now that Walmart has answered Morgan's lawsuit, it might be just a matter of weeks before a judge begins taking depositions.

Yet it could still take another year before the case goes to trial.