Yes, you may be able to pursue a claim against IndyGo if you are injured because of negligence involving an Indianapolis bus. However, claims involving IndyGo can be different from ordinary personal injury cases because IndyGo is the Indianapolis Public Transportation Corporation (IPTC), a municipal corporation of Indianapolis-Marion County.
Indiana law establishes special procedures for tort claims involving governmental entities. These requirements can affect how quickly you must act and what you must do before filing a lawsuit.
When Can You Bring an Injury Claim Against IndyGo?
Being injured while riding an IndyGo bus does not automatically mean IndyGo is legally responsible. Generally, you must have a valid basis for holding the transportation provider or another party liable.
Depending on the circumstances, an injury could result from:
- Sudden or unsafe braking or acceleration
- A collision with another vehicle
- Unsafe boarding or exiting conditions
- Poorly maintained equipment
- Dangerous conditions on a bus
- Other negligent acts or omissions
The evidence needed to establish liability will depend on how the accident occurred. In some cases, another driver or third party rather than IndyGo may be responsible.
Does the Indiana Tort Claims Act Apply to IndyGo?
Claims against governmental entities in Indiana are governed by the Indiana Tort Claims Act. IndyGo identifies itself as a municipal corporation of Indianapolis-Marion County, which means an injury claim involving the transit system may be subject to governmental tort claim requirements.
The Act does not prevent every lawsuit against a governmental entity. However, it provides immunity from liability in certain circumstances and establishes procedures that claimants must follow. Indiana Code § 34-13-3-3 lists numerous situations in which a governmental entity or employee acting within the scope of employment is immune from liability.
Whether immunity applies depends on the particular facts of the accident. Wilson Kehoe Winingham Injury Lawyers has 124 years of combined experience. One of our partners, Bill Winingham, has been awarded Indiana Trial Lawyer of the Year by the Indiana Trial Lawyers Association on two occasions. We can review the circumstances of your IndyGo accident to determine how the Indiana Tort Claims Act may affect your case.
How Long Do You Have to Notify IndyGo About an Injury Claim?
The deadline for providing notice can be much shorter than the ordinary statute of limitations for a personal injury lawsuit.
Under Indiana Code § 34-13-3-8, a tort claim against a political subdivision generally requires notice to be filed with the subdivision’s governing body within 180 days after the loss occurs.
Missing an applicable notice deadline can result in the claim being barred, so it is important to determine the correct requirements soon after an IndyGo accident.
What Should a Tort Claim Notice Include?
Simply reporting an accident to a bus driver or making a customer service complaint should not be assumed to satisfy Indiana’s formal tort claim requirements.
Indiana law establishes requirements governing the content and delivery of tort claim notices. The notice should provide sufficient information about the incident and resulting loss so the governmental entity can investigate the claim.
The Indiana Tort Claims Act also specifies that required notices must be in writing and delivered personally or through registered or certified mail.
Because the notice process can affect your ability to pursue compensation later, it is important to make sure the correct parties receive proper notice.
Frequently Asked Questions
Is IndyGo Part of the Government?
IndyGo is operated by the Indianapolis Public Transportation Corporation, which IndyGo describes as a municipal corporation of Indianapolis-Marion County.
Can I Sue Another Driver If They Hit an IndyGo Bus?
Potentially. If another motorist caused the collision, that driver’s negligence could provide the basis for an injury claim. Some accidents may involve responsibility by more than one party.
Does Reporting My Injury to IndyGo Protect My Claim?
You should not assume that an ordinary accident report or complaint fulfills the formal notice requirements of the Indiana Tort Claims Act. The Act contains specific rules regarding when, how, and to whom notice must be provided.
Contact Wilson Kehoe Winingham Injury Lawyers for a Free Consultation With an Indianapolis Bus Accident Lawyer
An injury involving an IndyGo bus can raise issues that do not arise in an ordinary vehicle accident, including governmental immunity and a potentially short tort claim notice deadline.
If you were hurt while riding an IndyGo bus or in an accident involving one in Indianapolis, Wilson Kehoe Winingham Injury Lawyers can help. Contact us today for a free consultation with an Indianapolis bus accident attorney.