A driver who struck a jogger in Nebraska in August is suing the family of the deceased for damages, claiming the incident gave him PTSD.
Gavin Maas, 25, the driver in the collision, filed the suit against the family of victim Anthony Miller this month for at least $50,000 in damages to pay for medical expenses for PTSD treatment, lost income, and physical and emotional injuries, according to Lincoln’s KOLN.
Miller, 37, and his wife, Bailey Miller, were jogging in the Nebraska capital on Aug. 31 when Mr. Maas drove up from behind, saw Ms. Miller’s reflective clothing and moved to avoid her. He then struck her husband, who was wearing darker clothing, according to a police report cited by the New York Post.
Mr. Maas remained at the scene, and Anthony Miller was taken with life-threatening injuries to a local hospital, where he died, the Lincoln Police Department said at the time.
The police decided not to issue a citation, finding that Mr. Maas was not impaired and that the collision was caused by rain and overall poor lighting.
Mr. Maas has been hospitalized multiple times for PTSD since the crash, according to KOLN. Part of the issue is survivor’s guilt.
“Gavin’s trauma is compounded by the feelings of guilt that he carries over suffering from PTSD while knowing the Miller family is grieving the loss of a husband and father,” the complaint reads, according to the Daily Mail.
The representatives for Mr. Maas said the suit was filed because an insurance company denied his coverage for the PTSD that resulted from the collision. Mr. Maas “is mortified that an insurance company forced him into this position,” his representatives said, according to the outlet.
Sam Colwell, a lawyer for Mr. Maas, said his client does not want Miller’s family to pay the costs and damages, but instead wants the insurance company to do what is mandated by their policies, according to the Daily Mail.
