For members of the Bluffton University baseball team and their families, life since March 2 when their bus careened over an interstate overpass has been a battle.

The 28 coaches and players who were injured fight every day with the nightmares and pain. The families of those who were killed are forced to face the holidays with one empty seat at their dinner tables.

And in the courts, both locally and in Atlanta, where the crash occurred, lawyers are beginning a legal fight targeting the alleged negligence of the driver and the poor design of the roadway. These battles will likely take years.

"In my experience with accidents like this, a lot of little things go wrong before you have a true tragedy," said Washington attorney Douglas Desjardins, who is representing Geneva Ann Williams, the mother of 19-year-old Tyler Williams, who was killed in the crash.

"Small pieces add up to a true tragedy," he said.

Two lawsuits and notices of intent to sue have been filed by attorneys representing those affected by the crash:

•In September, Ms. Williams sued Bluffton University, the company that made the bus, the city of Atlanta, the company that provided the bus, and the driver for the Bluffton team. The lawsuit was filed in Fulton County Superior Court in Georgia and asks for unspecified damages.

•In U.S. District Court in Toledo, attorneys filed a lawsuit in late October against the three insurance companies providing policies to Bluffton University. The purpose of the complaint, attorneys explained, is for the court to determine how much insurance coverage is available to those suing.

•In mid-October, attorneys followed Georgia law requiring that notices of intent to sue be filed before lawsuits are filed against the state or any state agency. Notices were filed by two coaches and 11 players who made claims under the State Torts Claim Act. The estates of Jean Niemeyer, wife of the bus driver, and players David Betts and Zachary Arend filed claims against the state for wrongful death.

Bluffton University officials have refused to comment on the litigation.

Players have been asked not to talk of the tragedy to help with their healing process.

And attorneys representing families involved in the lawsuits said their clients are declining to give interviews. They just want answers, they said.

At the start of spring break in March, the charter bus taking the baseball team to Florida crashed off I-75 in Atlanta.

Zachary Arend, of Oakwood, Ohio; David Betts, of Bryan; Scott Harmon, of Lima, Ohio; Cody Holp, of Arcanum, Ohio, and Tyler Williams, of Lima, were killed after the driver apparently mistook an exit ramp for a through lane, and the bus struck and rolled over a barrier wall, then plunged 30 feet back onto the interstate.

The bus driver, Jerome Niemeyer, and his wife, Jean, both of Columbus Grove, Ohio, were killed.

Attorney Steven Collier is representing the estate of David Betts in the lawsuit filed in Toledo's federal court. He said the university had three policies available to it for $1 million, $5 million, and $15 million. The lawsuit, filed Oct. 31 and assigned to Judge James Carr, asks the court to determine how much of that money is available to the victims in the crash.

"This case is only to determine coverage. We're asking the court to determine that there is coverage for two potential defendants, the driver and Executive Coach," he said. "In the case against those responsible, that is asking a jury to determine who is at fault and for how much."

Attorneys for the insurance companies did not return calls for comment.

Mr. Desjardins said that he is certainly interested in learning how much of the potential $21 million in insurance money is available but that his client is concerned with what went wrong. He said Ms. Williams is declining comment on the lawsuit at this point. He added she is hopeful that her son's death will lead to change.

"The Williams family just wants to know what happened," he said. "Geneva lost her son, and certainly wants no one else to lose their son like she did."

Since the crash, U.S. Sens. Sherrod Brown (D., Ohio) and Kay Bailey Hutchison (R., Texas) have introduced a new motor-coach safety bill. The purpose is to ensure that motor coaches are built, equipped, and operated to be as safe as possible.

Two weeks after the crash, Georgia transportation officials enlarged the stop signs and "stop ahead" signs on the ramp and added other markings lower on the ramp, including the word "exit."

Contact Erica Blake at:

eblake@theblade.com

or 419-213-2134.

First Published December 26, 2007, 2:23 p.m.