Kevin Roper, the Walmart truck driver who plowed into the back of a limo carrying Tracy Morgan early Saturday morning, had not slept in at least 24 hours by the time of the accident, prosecutors revealed today.

The accident left Morgan with a number of injuries—including a broken leg, broken femur, broken nose and broken ribs—and comedian James McNair dead. Morgan was in surgery on Sunday and remains in critical condition, but his publicist said yesterday that he was "more responsive." Ardie Fuqua, another comedian injured in the accident, is in critical but stable condition.

Roper, meanwhile, will appear in court on Wednesday after posting $50,000 bail this weekend. He is being charged with death by auto for killing McNair and four accounts of assault by auto in the injuries to Morgan, Fuqua, comedian Harris Stanton and Morgan's assistant Jeffery Millea.

Walmart president Bill Simon said in a statement that the company "will take full responsibility" if it's ruled that Walmart's truck caused the accident. He'll also have to figure out why the company's driver was on the road despite not having slept in a day.

[image of limo bus via AP]