Semi driver sued over fatal accident in Alton

Kelly Holleran Dec. 8, 2011, 2:33am

The parents of a recently deceased man have filed suit against the truck driver who they claim struck their son's vehicle in an intersection, causing his death.

Leroy and Patrice Headrick claim their son, Josh Headrick, was driving a 1998 Mitsubishi Eclipse east on Illinois Route 140 through its intersection with Fosterburg Road in Alton on Dec. 17, 2009, at about 11 a.m. At the same time, defendant Gregory Miller, who was driving a 2004 Peterbilt semi-tractor for defendant Polo Trucking, attempted to make a left-hand turn from the westbound lanes of Illinois Route 140, according to the complaint filed Nov. 30 in Madison County Circuit Court. In making the turn, Miller struck Josh Headrick's vehicle, the suit states.

"Prior to commencing his left-hand turn across the eastbound lanes of Illinois Route 140, Defendant Gregory Miller saw decedent Josh Headrick's vehicle approaching the intersection in the eastbound lanes of Illinois Route 140," the complaint says. "At the time Gregory Miller initiated his left-hand turn through the intersection and across the eastbound lane of Illinois Route 140 a green arrow was not displayed in the traffic control signal governing the movements of the vehicle in that turn lane."

Because of the collision, Josh Headrick died. As a result of their son's death, the Headricks claim they have been deprived of his love, society, companionship, support, services and affection.

Miller negligently failed to keep a proper lookout, failed to yield the right-of-way, failed to stop or swerve to avoid a collision, failed to keep his vehicle under proper control, failed to yield the right-of-way, failed to obey a traffic control device and attempted to make a left-hand turn when he knew he could not safely do so, according to the complaint.

In their four-count complaint, the Headricks are seeking a judgment of more than $200,000, plus costs and other relief the court deems just.

They will be represented by William E. Miller III of Alton.

Madison County Circuit Court case number: 11-L-1272.

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