Updated

The attorney for a Yale student who was driving a U-Haul that fatally struck a tailgater at the Yale-Harvard game says that a problem with the truck caused the accident.

William Dow, who represents Brendan Ross, says Ross and his family are expressing condolences to the victims for what Dow called "this tragic accident that appears to be the result of a vehicle malfunction."

He did not elaborate on what the malfunction might have been. The accident killed 30-year-old Nancy Barry of Salem, Mass., on Saturday. A Yale student remained hospitalized Sunday with leg injuries, and a

Harvard employee originally from Naples, Fla., was treated Saturday and released.

New Haven police say Ross passed a sobriety test and has cooperated with their investigation, which remained open Sunday.