Lawsuit filed on behalf of Nick Collins claims driver was intoxicated

Nick Collins Jr.

CHARLESTON, S.C. (WCIV) - A civil action lawsuit has been filed against the driver and the owner of the SUV that crashed on I-526 August 3, throwing Nick Collins into the road where he was hit by a semi-truck.{}

Collins, who is a member of the popular Charleston band "Fowler's Mustache," and son of a former Mount Pleasant Councilman, had his left leg amputated above the knee and remains in the hospital.

The lawsuit claims the driver, Matthew David Darby, was under the influence of alcohol at the time of the accident and acted negligently while operating the SUV.{}

The lawsuit also claims negligence by Robert Darby Jr., the owner of the vehicle, for "entrusting the vehicle" with Matthew Darby.

According to Nick Collins Jr., father of Nick Collins III injured in the accident, Robert Darby Jr. is the father of Matthew Darby.{}

ABC News 4 will have more on this story as it develops.