When someone has been injured in a car accident or other emergency situation, many people’s first reaction is to try to help. In our increasingly litigious society, though, a potential helper might hesitate for fear of being sued if something goes wrong. In Indiana, the legislature enacted a law that protects those who act as “Good Samaritans” when someone else is in trouble. This law makes it possible for a helper to render aid without fear of legal consequences that could be financially devastating. If you were injured by a bystander who attempted to provide assistance, our legal team can discuss how this factor can affect your personal injury case.
Table of Contents
- 1 What Is the Indiana Good Samaritan Law?
- 2 What Are the Elements of the Good Samaritan Law?
- 3 What Is Meant by Gross Negligence?
- 4 Can Someone Be Sued If They Injure an Accident Victim While Trying to Render Aid?
- 5 Are You Legally Obligated to Provide First Aid at the Scene of an Accident?
- 6 Would a Healthcare Provider Who Provides Aid at an Accident Be Covered Under the Good Samaritan Law?
- 7 Time Limitations for Filing a Lawsuit
- 8 Contact an Indiana Personal Injury Lawyer
What Is the Indiana Good Samaritan Law?
The Indiana Good Samaritan Law states that any individual who comes into contact with a victim at an accident scene or other medical emergency and offers free care cannot be held liable if the victim suffers any injury due to the emergency medical care the bystander provides.
The Good Samaritan Law protects people who voluntarily render aid in an emergency. Good Samaritans volunteer to help without the expectation of financial gain as compensation for administering care.
What Are the Elements of the Good Samaritan Law?
Under the Good Samaritan Law, these elements apply:
- The care was provided in good faith.
- The person provided care to the victim at the scene of an accident.
- The accident was not caused by the person providing care.
- The emergency care wasn’t given in a reckless or grossly negligent manner.
- The person provides aid without the expectation that they’ll be compensated.
What Is Meant by Gross Negligence?
In Good Samaritan law, gross negligence occurs when the individual administering aid is reckless in some aspect of rendering aid or acts with willful misconduct toward the victim.
Legally, negligence happens when someone fails to exercise the same level of care that a reasonable person would have used under the same or similar circumstances. For example, if the victim could not feel their legs and the good Samaritan moved them away because the vehicle they’d crashed was on fire, that’s reasonable behavior, even if the movement caused harm to the victim. If the vehicle hadn’t been on fire and the good Samaritan moved the person, that might be gross negligence if the movement caused harm because, although there was no intent to harm the victim, most people know that you shouldn’t move someone with a possible spinal injury.
Can Someone Be Sued If They Injure an Accident Victim While Trying to Render Aid?
Good Samaritan laws are intended to prevent accident victims from suing a good Samaritan if their intentions were good, even if the Samaritan accidentally caused additional harm. Under the law a bystander who provides care during an emergency situation:
- Cannot be criminally charged or held civilly liable for acting to help in a way that was reasonable under the circumstances.
- Cannot face criminal charges or civil liability for failing to render aid.
The word “reasonable” carries a lot of weight. What someone who stepped in to assist in an emergency considers reasonable may not be what the victim finds reasonable. The law shields a Good Samaritan from most lawsuits, but if the victim thinks the person who rendered aid acted maliciously, they can file a personal injury lawsuit. It is then up to the Indiana courts to decide if the Good Samaritan law applies.
Interpreting the ambiguity of “reasonable care” is complicated when the victim feels they have been maltreated. A judge or jury may be called upon to find a balance between the law and humanity.
Are You Legally Obligated to Provide First Aid at the Scene of an Accident?
If you are a bystander, you are not required to administer any aid to an accident victim. However, Indiana law requires drivers involved in car accidents to provide reasonable assistance. The same is true for a passenger in a vehicle that’s been in an accident if the driver is unable to provide aid. The assistance could be as simple as calling 911 or following a 911 operator or officer’s instructions. It could be as intense as pulling someone out from under a car.
Would a Healthcare Provider Who Provides Aid at an Accident Be Covered Under the Good Samaritan Law?
Physicians are also protected by Good Samaritan laws, as long as the person who’s been injured isn’t a patient of theirs. A medical professional who is licensed in the state and does not expect compensation for their assistance is generally shielded from personal injury claims under Indiana law. However, Good Samaritan laws do not protect medical professionals who render services to a patient in a medical facility and harm them as a result of their care.
Time Limitations for Filing a Lawsuit
If you’ve been injured by someone else’s attempt to provide aid in an emergency, the first thing you should do is seek legal help. A seasoned personal injury attorney will know how to investigate your personal injuries, explain the process of how to seek compensation from all parties potentially at fault for them, and determine whether you have a case that doesn’t fall within the protection of the Good Samaritan Law.
Indiana law only allows an injured person two years from the date of the injury to file a lawsuit against the person who harmed them. If you file your suit after the deadline passes, the court can dismiss your case without a hearing, and you’ll lose the opportunity to pursue compensation from the at-fault party.
Contact an Indiana Personal Injury Lawyer
Truitt Law Offices are committed to working with clients in a compassionate and caring way. When you contact us for an initial free consultation, we don’t bombard you with questions. Our approach is to listen to you and hear how your injuries have affected all aspects of your life — your career, health, and overall happiness.
Our team takes care of you and all the details of a personal injury claim so you can focus on recovery and getting your life back on track. Don’t let fear of large legal bills stand in your way. Seek medical attention, and then call Truitt Law Offices for a free consultation. Our personal injury attorneys work on a contingency basis. You’ll pay nothing upfront, and we take our fee as an agreed-upon percentage of your compensation. Contact us today to learn your options if you or a loved one has been harmed by negligent medical aid.
