Suit alleges truck driver was over federally mandated driving hours at time of collision

A man injured in a tractor trailer collision claims a Clinton County farm allowed its driver to drive over the federally mandated number of hours and failed to maintain the brakes on the vehicle.

Harvey Molderink filed a complaint Oct. 23 in the St. Clair County Circuit Court against Zachry Farms Inc., and Dennis Kreke, alleging negligence.

Molderink alleges in his complaint that on Feb. 4, 2019, he was driving a truck owned by his employer, Commercial Transport, on Illinois State Route 13 in Marissa Township. He claims that when he “slowed and stopped for traffic ahead,” Kreke, who was driving a tractor trailer owned by Zachry Farms, crashed into the rear of his truck.

Molderink claims he suffered “multiple injuries,” pain and loss of normal life. He also claims he lost wages and incurred medical treatment expenses.

He alleges that Zachry Farms was negligent in several respects including failure to properly train Kreke and failing to investigate Kreke’s driving history. Molderink also alleges that Zachry “coerced” Kreke to operate the tractor trailer in violation of Federal Motor Carrier Safety Act Regulations, including driving the vehicle over the maximum allowed hours. He claims Kreke had impaired alertness and fatigue.

Additionally, Molderink claims Zachry failed to inspect, maintain and repair the brakes on its tractor trailer.

Molderink seeks monetary relief of more than $50,000, trial by jury and all other jut relief.

This article was first published in Madison Record.

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