Lawsuit filed in fatal crash involving Marion County jail van

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A lawsuit has been filed in connection with a fatal crash involving a jail transport van.

Adam McCarty, 31, was killed last October 28 when he was struck by a Marion County jail transport van. McCarty was adding fuel to his disabled pickup truck on I-65 north of downtown Indianapolis when he was struck.

Defendants in the civil tort include the City of Indianapolis, the Marion County Sheriff's Department, and Eric E. Gephart, a Marion County sheriff's deputy who was driving the van involved in the crash.

The police report from the crash stated McCarty's truck had no lights or flashers on and there were no flares, reflective triangles or other safety devices to warn other drivers.

McCarty's Indiana Motor Vehicle Operator License was suspended indefinitely on December 24, 2011.

Police said at the time of the crash there was no indication that Deputy Gephart was under the influence of alcohol and/or drugs.

A press conference is scheduled for Thursday to release more details about the lawsuit.