Emergency Notice | As we are in the midst of a global epidemic, we want to assure our clients that we are continuing to work diligently while also taking all necessary and precautionary steps to ensure the safety and health of our WKW staff. ***To potential new clients, please note that we offer virtual consultations.
Injury Attorneys | Restoring LivesTM
Two years after a man was killed in a crash, his family has filed a wrongful death suit against the Indiana Department of Transportation (INDOT). The suit claims that INDOT, United Consulting Engineers (which designed the interchange where the crash happened), and Primco, Inc. (which completed the actual construction) were negligent. The suit also claims their conduct led to the death of Edward Jones.
The report described the crash as occurring when Jones left the highway at the Burlington Avenue exit ramp, ran a stop sign, and collided with another vehicle crossing the intersection. His minivan rolled, and he died at the scene. The other driver was hospitalized. That section of highway had been open for less than a year. In that time, there had already been several crashes near that location.
The suit against INDOT and the other parties specifically claims that their roles in the design, engineering, construction, marking, and maintenance of the stretch of the Hoosier Heartland Highway (US 24/35) near Logansport was negligent and that their actions caused “bodily injuries, pain, suffering, and ultimately death.”
The design of that stretch of highway has been criticized before and since. After the crash that killed Jones, INDOT made numerous changes to improve safety at that particular interchange. The upgrades included upgrading to larger stop signs with flashing lights, adding “stop ahead” signs, installing rumble strips and overhead beacons, and placing small concrete islands intended to modify traffic flow in some locations.
The level of responsibility of the victim is sure to come up in this case. According to the toxicology report released after the crash by the Cass County Sheriff, Jones had a blood alcohol content level of 0.19 percent.
In many cases, suing the government in a case like this is an uphill battle. Government entities and the individuals who work for them are generally protected from lawsuits under a wide range of circumstances. Roads and highways, in fact, are specifically exempted (provided that they were designed more than twenty years before the incident that caused harm).
However, there’s some chance that this case could move forward, and even succeed. INDOT doesn’t have blanket immunity from such lawsuits.
If your loved one has died as a result of the negligence of others, you are urged to contact an Indianapolis wrongful death lawyer from Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
WKW attorney Jon Noyes authored an article for the Indiana Law Review blog resolving ambiguities of the Indiana wrongful death statute when the order of death is…
In the state of Indiana, the wrongful death statute applies when a person’s cause of death involved misconduct or negligence on behalf of another person…
In Indiana, a wrongful death claim is a civil suit, which means that the claim must be filed by a personal representative of the deceased's…