Driver Files Lawsuit Against Estate of Jogger He Fatally Struck
In a controversial legal move, the driver who struck and killed a Nebraska jogger is now suing the dead man's estate, alleging the accident left him with severe post-traumatic stress disorder (PTSD). Court documents reveal that Gavin Maas, 26, filed a complaint in Lancaster County on April 6 regarding the crash that claimed the life of Anthony Miller on August 31 last year.
Details of the Fatal Early-Morning Incident
According to the filing reviewed by the Daily Mail, Maas is seeking at least $50,000 in damages from Miller's family for what he describes as 'sustained permanent physical and emotional injuries.' The incident occurred around 4.45am in Lincoln, approximately 60 miles southwest of Omaha, while Miller and his wife, Bailey, were jogging.
The complaint states that Bailey was wearing reflective gear during the early-morning run on South 27th Street, allowing Maas to spot her and provide ample space on the road. However, Miller was allegedly running in the middle of the road 'wearing dark clothing without any visible reflective gear in the darkness of the early morning.'
Per the lawsuit, Maas collided with the father of two 'almost simultaneously' with the moment he saw him. Upon realizing he had hit the runner, Maas immediately exited his vehicle and 'attempted life-saving measures,' as noted in court documents.
Aftermath and Severe Psychological Impact
Miller suffered life-threatening injuries and was transported to the hospital, where he was declared dead, according to WKRC. Since the August 2025 incident, Maas has been hospitalized multiple times and even completed a 21-day PTSD rehabilitation course at an out-of-state treatment facility.
The suit alleges, 'Due to the physical nature and impact of PTSD, Gavin’s brain and body will never return to their condition before 4:46 a.m. on August 31, 2026.' Maas now requires intensive therapy and medication and 'suffers from an array of physical and emotional symptoms.'
The complaint further states that his condition will necessitate 'lifelong treatment' as he has allegedly dealt with suicidal ideations and dissociative episodes. '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 explained.
Insurance Dispute and Legal Stance
A statement from Maas's legal representation obtained by the Daily Mail indicates that the filing resulted from 'an insurance company who wrongly denied coverage for Gavin's severe and well-documented PTSD arising out of this tragic accident.' His lawyer, Sam Colwell, clarified that Maas does not want Miller's estate to pay the costs; rather, he hoped insurance companies would 'do what their policy requires.'
'He was hopeful that this matter could have been resolved without a lawsuit; however, circumstances outside of his control left no reasonable alternative,' the statement added. Maas, a teacher at Irving Middle School where he coaches wrestling, basketball, and track, is described as 'mortified that an insurance company forced him into this position and wishes that he could just return to his normal life as a 26-year-old middle school teacher.'
The statement continued, 'Gavin is a person of strong faith. He prays every night for the Miller family. He prays for continued guidance as he navigates ongoing treatment.'
Remembering Anthony Miller
Miller, 37 at the time of his death, was the father of two young daughters, aged 1 and 3, and an award-winning nurse at the University of Nebraska Medical Center, per his obituary. 'He loved being a dad to his girls and spent quality time with them by playing together with their dolls, engaging in make-believe and dress-up, hair design and braiding, and everything in between,' it said.
According to the tribute, Miller loved the outdoors, extreme sports, and his family. 'He leaves behind a legacy of selflessness, grace and unwavering belief in God’s promises,' it noted. 'Though his absence is deeply felt, we take comfort in knowing that Anthony is now in the presence of his Savior, whom he loved and served so faithfully.'
Legal and Police Context
According to KOLN, no charges were pressed at the time of the accident, and police do not believe Maas was impaired. The Daily Mail contacted the Lincoln Police Department and the Miller family for comment, but responses were not detailed in the original report. This case highlights complex legal and emotional dimensions surrounding accidents, insurance disputes, and mental health impacts in the aftermath of tragic events.
