ROANOKE, Va. -

A victim in a boat crash on Smith Mountain Lake from May has filed a $5 million  lawsuit against the man accused of driving recklessly.

Teddy Wolford is suing Gary Nichols for negligence, saying Nichols was going 40 miles per hour in the pitch black when he rammed Wolford's boat.

Wolford was hurt in the crash; a family friend Timothy O'Quinn died. Nichols is facing two criminal charges related to the crash.

It's not clear if Nichols' and his counsel have seen a copy of the suit.