Driver who hit and killed jogger father-of-two sues victim’s estate claiming incident left him with severe PTSD
A driver who struck and killed a Nebraska jogger is suing the dead man’s estate after claiming the accident left him with severe PTSD, court documents say.
Gavin Maas, 26, filed a legal complaint in Lancaster County on April 6 over the crash, which killed Anthony Miller on August 31 last year.
According to court filings reviewed by the Daily Mail, Maas is asking the family for at least $50,000 in damages for ‘sustained permanent physical and emotional injuries.’
Maas had driven up behind Miller and his wife, Bailey, while they were jogging at about 4.45am in Lincoln, about 60 miles southwest of Omaha.
Bailey was wearing reflective gear during the early-morning run on South 27th Street, allowing Maas to spot her and give ample space on the road, per the complaint.
Miller, however, was allegedly running in the middle of the road ‘wearing dark clothing without any visible reflective gear in the darkness of the early morning,’ the filing said.
Per the lawsuit, Maas collided with the father of two ‘almost simultaneously’ with the moment he saw him.
When Maas realized he hit the runner, he immediately left his vehicle and ‘attempted life-saving measures,’ court documents said.
Anthony Miller was killed last summer while he was jogging in Lancaster County, Nebraska
Gavin Maas, 26, file the complaint in early April for a crash that took place last August
Miller and his wife Bailey have two young daughters. He was 37 at the time of his death
Miller suffered life-threatening injuries and was transported to the hospital, where he was declared dead, reported WKRC.
According to the complaint, since the August 2025 incident, Maas has been hospitalized multiple times.
He even completed a 21-day PTSD rehabilitation course at an out-of-state treatment facility, read the complaint.
‘Due to the physical nature and impact of PTSD, Gavin’s brain and body will never return to their condition before 4.46am on August 31, 2025,’ the suit alleged.
Maas now requires intensive therapy and medication and ‘suffers from an array of physical and emotional symptoms,’ the filing claimed.
The complaint alleged that the condition will require ‘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 stated.
Maas alleged that he endured symptoms of post-traumatic stress disorder following the accident
Miller was running with Bailey in the early morning hours of August 31 when he was struck
‘He was hopeful that this matter could have been resolved without a lawsuit; however, circumstances outside of his control left no reasonable alternative.’
According to a statement from Maas’s legal representation obtained by the Daily Mail, the filing is the result of ‘an insurance company that wrongly denied coverage for Gavin’s severe and well-documented PTSD arising out of this tragic accident.’
His lawyer, Sam Colwell, said that Maas does not want Miller’s estate to pay the costs, rather he hoped insurance companies would ‘do what their policy requires.’
Maas is a teacher at Irving Middle School, where he coaches wrestling, basketball and track.
‘He is 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.’
Miller was an award-winning nurse at the University of Nebraska Medical Center
Miller was the father of two young girls, who were one and three at the time, and was 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, the then-37-year-old loved the outdoors, extreme sports and his family.
‘He leaves behind a legacy of selflessness, grace and unwavering belief in God’s promises,’ it said.
‘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.’
According to KOLN, no charges were pressed at the time of the accident. Police do not believe Maas was impaired.
The Daily Mail contacted the Lincoln Police Department and the Miller family for comment.
