Stemming from a 2011 crash at a football game tailgate that left one dead and two injured, 86 former Yale fraternity members have been sued.

According to the Associated Press, the family of the late Nancy Barry, 30, of Salem, Mass., and one of the injured people is suing the 86 former Sigma Phi Epsilon members because the national chapter was not liable.

The incident occurred Nov. 19, 2011 when Brendan Ross, 23, drove a U-Haul truck with beer kegs in the back to Sigma Phi Epsilon tailgate for the annual football game against Harvard. Barry was killed and two other women were injured when Ross hit them with the truck.

NBC Connecticut reported the lawyer representing Barry's family, Paul Edwards, said the national Sigma Phi Epsilon chapter did all it could do short of banning its Yale chapter. The national organization's insurance also does not cover the local chapter. According to state law, that leaves the local chapter and its members liable.

"They did everything the fraternity asked of them and God forbid something unfortunate happens and the national just runs away from them," Edwards told NBC Connecticut. "It's ugly, and it's unusual."

Still, Edwards said he believes it is the national chapter that will be held responsible in the end. He also said he does not see the case going to trial, but that a settlement somewhere down the line is entirely possible.

Neither the fraternity members nor their legal representation publicly commented on the recent lawsuit.

The New Haven Register reported in May, 2012 that Ross was arrested for negligent homicide with a motor vehicle and reckless driving, two misdemeanors.

According to the AP, Ross ended up on a probation program that prevented the criminal charge from appearing on his record.

It is not entirely clear what specifically lead to Ross accelerating into the three women. Court documents say police are sure Ross was engaging the accelerator at the time of the crash, while the fraternity members in the truck say the vehicle "shot forward" unexpectedly.