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  5. Indiana Personal Injury Lawsuits Against Negligent Government Employees

Indiana Personal Injury Lawsuits Against Negligent Government Employees

Parr Richey Frandsen Patterson Kruse LLP | Mar 12, 2020 | Government Liability, Motorcycle Accidents |

Recently, an appellate court released an opinion addressing when Indiana courts can impose individual liability on a government employee. The Indiana Tort Claims Act (ITCA), provides very few avenues of relief for individuals who wish to recover after suffering injuries that were caused by the negligent acts or omissions of a government employee. However, recovery is possible in certain types of accidents.

In this case, the Indiana State Police issued a trooper an unmarked Dodge charger, commonly referred to as the officer’s “commission.” As part of the officer’s responsibilities, he was required to maintain radio contact at all times, even while off-duty, abide by traffic laws, and to respond to emergencies as needed. On the day of the incident, the trooper completed his shift, and went home to change before his son’s baseball game. As he was driving to the game, he shifted from the northbound lane into the southbound lane to pass the vehicle in front of him. When he entered the southbound lane, he noticed an oncoming motorcycle, and he shifted back. However, in an attempt to avoid the officer, the motorcyclist swerved, causing the motorcycle to roll over, ultimately ejecting himself and his passenger.

The motorcyclist suffered serious injuries and subsequently filed a negligence lawsuit against the trooper. The trooper moved to dismiss the case, arguing that he was immune from suit because he was acting within the scope of employment while driving his vehicle. Lawmakers designed the ITCA to ensure that government employees can exercise their judgment without constant threats of litigation. Lawsuits against government officials can only succeed if the alleged negligent act or omission was clearly outside of the employee’s employment. These analyses are generally a question of fact; however, in some instances, courts may find that the act was not within the scope, as a matter of law.

In this case, the main issue was whether the trooper’s action was “clearly outside” the scope of his employment. The trooper argued that although he was off-duty, he was required to maintain contact, respond to emergencies, and carry a firearm. Additionally, he argued that driving a commissioned vehicle furthers the public’s perception of police presence. The plaintiff responded that his actions had no causal connection to his employment, and the trooper should not be immune from personal liability, especially because he was violating traffic laws. However, the court ultimately found that the trooper followed the majority of the rules associated with commissioned vehicles, and his violation of a traffic law did not render his conduct “outside the scope of employment.” As a result of the court’s opinion, the plaintiff cannot pursue a claim against the officer in his individual capacity.

Have You Suffered Injuries Because of a Negligent Government Employee?

If you or someone you know has suffered injuries because of a negligent Indiana government employee, you should contact the attorneys at Parr Richey Frandsen Patterson Kruse LLC. Indiana car accident victims should not be left without any recourse when they suffer because of the negligence of a government employee. Our attorneys can help you understand your rights and remedies in these complicated lawsuits. The attorneys at our law firm have a thorough understanding of the various laws that govern personal injury lawsuits in the state, and we can help you get the compensation you deserve. Compensation in personal injury cases often include payments for medical bills, ongoing medical expenses, and pain and suffering. Contact our office at 888-532-7766 to schedule a free initial consultation with an attorney at our firm.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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Recent Posts

  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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