Comedian Tracy Morgan remains hospitalized after a tractor-trailer struck the limousine van he was in on June 7 on the New Jersey Turnpike.
The Wal-Mart driver, Kevin Roper, was speeding in the final moments before the crash, according to a preliminary report released on Thursday.
Roper was going 65 mph in a 45 mph zone just before the car accident, according to the National Transportation Safety Board's report.
"A preliminary review of the data showed that the Peterbilt combination vehicle was traveling at 65 mph for the 60 seconds preceding the collision with the Mercedes-Benz limo van," the report read, according to ABC News.
The driver was traveling at a high rate of speed, despite two warning signs posted on the northbound Turnpike, according to the NTSB.
Wal-Mart Stores Inc. trucks are equipped with devices that limit the vehicles' speed to 65 mph, a spokeswoman said, meaning that Roper was going at the top speed possible.
"Of course we expect our drivers to comply with the laws, whether it's a speed limit, or (something else)," stated spokeswoman Brooke Buchanan.
Roper has been charged with vehicular homicide in the car accident, which put Tracy Morgan in critical condition and killed James McNair, according to NY Daily News.
Morgan is now reportedly in fair condition with a broken leg and other injuries. The "30 Rock" star's assistant, Jeffrey Millea, has also been upgraded to fair condition, according to Morgan's spokesman.
Comedian Ardie Fuqua reportedly remains in critical condition.
The 35-year-old driver has reportedly pleaded not guilty to death by auto and assault by auto charges. A criminal complaint accuses Roper of not sleeping for more than 24 hours before the crash, which is a violation of New Jersey law.
"Investigators are compiling and analyzing information to determine the activities of the . . . (truck) drive and the amount of rest he received in the hours and days preceding the crash," the report stated.