Family of Illinois State Trooper Files Wrongful Death Lawsuit
Chicago, IL (Law Firm Newswire) February 25, 2013 – A wrongful death lawsuit has been filed by the family of an Illinois State Trooper who was hit by a tractor-trailer.
The Illinois State Trooper was struck and killed by a truck during a traffic stop on Interstate 55. The family of Trooper Kyle Deatherage filed the wrongful death lawsuit against DOT Foods, the owner of the truck.
"This is a tragic incident," said Chicago car accident attorney Robert Briskman, who is not involved in the case. "If the trooper's death was caused by the driver’s negligence, then a wrongful death lawsuit is the appropriate action to take."
Deatherage, 32, was conducting a traffic stop along Interstate 55 near Litchfield, Illinois on November 26 when he was struck and killed by the tractor-trailer operated by DOT Foods.
Deatherage's family alleges in the wrongful death lawsuit that the driver of the truck suffered from a diabetic condition that could cause him to lose consciousness while driving. The lawsuit claims that DOT Foods should have discovered this condition and should not have hired the driver. The driver has not been charged with a crime.
In December of 2012, the U.S. Department of Transportation revoked the driver's license, ruling that he was not medically fit to drive and had not exercised due care regarding his medical condition.
Illinois law requires drivers to move over for stopped emergency vehicles. The state recorded 952 traffic fatalities in 2012, an increase from 918 the previous year.
DOT Foods said in a statement that the company has no evidence that the medical condition of the driver played any role in the collision. The company said that the driver was a military veteran with a clean driving record and was driving in accordance with transportation guidelines set by the federal government. DOT Foods said the driver was operating with a medical card issued by the U.S. Department of Transportation and was in compliance with the Federal Motor Safety Act.
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