INDIANAPOLIS (WISH) - An Avon family is suing the city of Indianapolis and the Marion County Sheriff's Department, after a deadly 2012 crash that involved a deputy.
Police say31-year-old Adam McCarty was killed in October of 2012, when he was trying to get a gas can out of the back of his pickup truck on an I-65 on-ramp.
They say deputy Erich Gephart was transporting an inmate in a sheriff's wagon, and hit McCarty, killing him.
McCarty's family said in a wrongful death lawsuit filed Wednesday, they believe McCarty's death could have been avoided.
The lawsuit says this was the ninth accident Gephart was involved in.
He was in another serious accident in 2011, that hurt a pedestrian named Charles Hill.
"Why did the city hire, and continue to hire Gephart, at first when he had seven auto accidents, and then he had an accident on duty with a pedestrian. That's almost mind-blowing," said attorney John Bymaster.
"Looking at his driving record, it's unbelievable he was still a driver for the city," said Kathryn McCarty, the mother of Adam McCarty's two young sons.
McCarty said Adam was going through a tough time in life, and the two had just gotten a divorce. She says that doesn't erase the fact two little boys were left without a father.
"I couldn't even tell you what I said to them. I believe it was just, ‘There was an accident, and your father has died.' I just remember them crying," she said. "There isn't a day that the children, it's not an issue for them. We talk about it. It's always on their mind."
Just Wednesday, McCarty sat down with the two boys, aged 8 and 10, discussing their dad.
She asked them, "What's heaven like?" One replied, "Streets made of gold."
24-Hour News 8 has learned Gephart still works at the Marion County Sheriff's Department.
A spokeswoman says he works security at the Arrestee Processing Center, and is not transporting inmates.
Neither the Sheriff's Department, nor the city's attorneys, would comment on the pending litigation.
Indiana State Police officials are reminding the public that abandoned vehicles left on interstates will be towed before this week's winter weather arrives.
A winter weather advisory is in effect for Central Indiana through Friday night. Southern counties will be under a winter storm warning beginning Thursday night through Friday night.
Employees at some Indianapolis fast food restaurants took part in a 100-city strike Thursday morning.