Truck driver sues bus driver over I-70 accident

A truck driver has filed suit against the bus driver who he claims caused him injuries after striking his overturned tractor trailer.

Phillip Carter claims he was driving a semi-trailer west on Interstate 70 in Otego on Aug. 11, 2011, when he attempted to avoid a deer. While swerving, Carter lost control of his vehicle, causing it to overturn and to partially block the left-hand lane.

Other drivers of passing vehicles noticed Carter’s overturned semi-trailer and offered assistance. Two other semi-tractor trailer drivers pulled their vehicles to the side of the road, engaged their emergency flashers and helped Carter with his semi, according to the complaint filed April 29 in Madison County Circuit Court.

However, defendant Rodney McClure, who was driving a Prevost tour bus on the same road, failed to avoid Carter’s vehicle and struck it while two other people were attempting to assist him, the suit states.

As a result, Carter suffered back, neck, hand and rib injuries; experienced great pain and mental anguish; suffered disability; and lost his normal life, the complaint says. He also claims he incurred medical costs.

McClure negligently failed to keep a proper lookout, failed to stop in time to avoid a collision, failed to keep his vehicle under proper control, failed to provide a proper signal to warn of his impending approach, failed to reduce his speed to avoid a collision and drove without safe brakes, according to the complaint.

In his two-count complaint, Carter is seeking a judgment of more than $100,000, plus costs.

Michael P. Glisson of Williamson, Webster, Falb and Glisson in Alton will be representing him.

Madison County Circuit Court case number: 13-L-650.