EDWARDSVILLE, Ill. (KMOV.com) -- The family of a Illinois State Trooper killed along I-55 is suing a trucking company for his death.
Trooper Kyle Deatherage died when a truck hit him during a traffic stop in November, and this week his family filed a wrongful death suit against DOT Foods, the company that owns the truck which struck and killed Deatherage.
“We have a law in Illinois where people are supposed to move over,” said the family’s attorney Thomas Keefe. “This guy obviously didn’t move over but he didn’t move over because apparently, medically he was impaired and that’s why I hold DOT responsible.”
The suit is seeking an undisclosed amount of money for Deatherage’s wife and children.
Keefe says the truck driver in the case, who has not been charged, never should have been hired by DOT Foods.
According to reports, he has a preexisting diabetic condition that could cause him to black out behind the wheel.
It’s something Keefe says the company should have discovered.
“You have companies that covet these guys and then with a wink and nod and look the other way and the next thing you know you got a guy driving around who is medically unfit because the company doesn’t want to know whether or not the man is medically capable of operating that vehicle,” he said.
Keefe’s lawsuit is bolstered by a US Department of Transportation ruling in December 2012 that took away the truck driver’s license, saying he wasn’t medically fit to drive and didn’t exercise an appropriate duty of care regarding his medical condition.
Calls to DOT Foods by News 4 were not returned Thursday.