Indiana Supreme Court Reinstates $6 Million Jury Verdict in Fatal Bus Accident Lawsuit

In a case where a bus strikes and kills a pedestrian, you might assume the bus driver is automatically at fault. But as with all personal injury matters, the legal reality is often not quite that black-and-white. Most states follow some form of “comparative fault” or “comparative negligence” rule in personal injury cases. This requires a jury to take into consideration any fault on the part of the victim. And in the context of a fatal pedestrian accident there can be evidence to support such a finding of comparative fault.

IndyGo Tried to Blame Victim’s Death on His Alcohol-Use Disorder

The Supreme Court of Indiana recently addressed such a case. In Indianapolis Public Transportation Corporation v. Bush, a civil jury ruled in favor of the estate of a man killed when an IndyGo bus ran him over. IndyGo argued the man’s own actions, specifically the fact he was legally intoxicated at the time, contributed to his own demise.

Now, it is important to stop here and explain an unusual quirk of Indiana law. In most personal injury cases, Indiana follows a modified comparative fault rule. This means that even if a victim’s actions contributed to their injury or death, so long as the jury decides the victim was not more than 50 percent at-fault, they or their estate can still recover some compensation from the defendant. When the defendant is a state or public agency like IndyGo, however, Indiana follows a “contributory negligence” rule, which bars a plaintiff from recovering any compensation if they are even 1 percent at-fault for their injuries.

The victim in this case was a 63-year-old man who suffered from alcohol-use disorder. On the morning of his death, the victim drank a half-pint of Vodka and had a blood-alcohol level nearly three times the legal limit for DUI. After shopping for groceries, the victim attempted to board an IndyGo bus. Before he reached the door, however, the driver started to pull the bus away. This caused the victim to lose his balance and fall off the curb, where he was then run over by the rear wheels of the bus. He died two weeks later as a result of his injuries.

The victim’s mother subsequently filed a wrongful death lawsuit against IndyGo. At trial, IndyGo argued they were entitled to judgment as a matter of law because “only a single inference” could “reasonably be drawn” by the jury, namely that the victim’s intoxication contributed to his death and therefore Indiana’s contributory negligence rule barred his estate from receiving any compensation.

The judge denied IndyGo’s motion and allowed the jury to decide. The jury returned a verdict to the estate and awarded $6 million in damages. Under Indiana law, IndyGo could only be held liable for $700,000 and the parties agreed to a final judgment for that amount, subject to IndyGo’s appeal of the verdict.

While the Indiana Court of Appeals reversed the jury’s verdict in 2024, the Indiana Supreme Court reinstated it in 2025. The Supreme Court held the evidence presented to the jury, specifically, video footage taken from the IndyGo bus’ camera system, did “not support a sole inference that [the victim] was negligent.” Even the defendant’s chronic alcoholism, which he had lived with for years, did not necessarily lead to the conclusion that his intoxication caused him to stumble and fall from the curb. At the end of the day, the Supreme Court said the jury weighed the evidence and its decision was entitled to deference.

Contact a Madisonville Pedestrian Accident Lawyer

All pedestrians are at-risk when drivers act in a reckless and irresponsible manner. Our Madisonville pedestrian accident lawyers proudly represent victims and their families in seeking justice following these avoidable events. Contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Source:

scholar.google.com/scholar_case?case=5867694411893122482