Although the Indiana Department of Transportation (DOT) declined to install a traffic signal at an intersection, possibly playing a role in a fatal car accident that later occurred at the site, the state appellate court affirmed summary judgment in favor of the agency.
Ultimately, the court ruled, provisions of the Indiana Tort Claims Act shielded the government from civil liability.
That does not necessarily mean plaintiffs were without any options for recovering damages, but it does mean those damages will not come from the state government. This negligence and wrongful death lawsuit outcome illustrates the difficulties associated with holding government agencies accountable in injury litigation, as they enjoy a number of broad legal protections.
Plaintiffs Assert Negligent Road Design in Fatal Crash
The case was filed following a deadly summer 2014 crash in West Lafayette, at an intersection constructed as part of the state’s Major Moves project, an aggressive, decade-long plan to improve Indiana’s highway infrastructure. When the Indiana DOT (INDOT) began construction, both city and county officials requested a temporary traffic control signal. INDOT, however, declined, finding the intersection didn’t meet traffic volume requirements to justify a signal, but did install a stop sign for east-west drivers. Continue reading