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Missouri Trucking Accident Lawyer
Missouri · Illinois · Free Consultation
A collision with a fully loaded commercial truck is not like any other car accident. These vehicles can weigh up to 80,000 pounds. When something goes wrong, the injuries are severe, the medical bills are real, and the trucking company's insurer starts building its defense before you have finished calling 911.
At Wayman Law Group, Kevin Wayman has spent more than 35 years handling civil litigation, including personal injury and commercial trucking accident claims. We represent injured victims and their families throughout St. Louis city and county, St. Charles County, Jefferson County, and Metro East Illinois, including Madison County and St. Clair County.
What standard of care does a commercial truck driver owe?
Missouri holds commercial truck drivers to the highest degree of care on public roads. A professional truck driver must do everything a careful, skilled professional could and should do to avoid hurting anyone on the road — codified in Missouri Approved Instruction MAI 11.02. A brief lapse, a moment of inattention, or leaving cruise control set at an unsafe speed in bad conditions is enough to establish a breach.
The Missouri Supreme Court addressed exactly this situation in Schultz v. Great Plains Trucking, Inc., 707 S.W.3d 570 (Mo. 2025), holding that a driver who entered a curve at 70 mph in dark and rainy conditions despite a posted 60 mph warning showed complete indifference to the safety of others.
What federal regulations apply?
Commercial trucking is heavily regulated. The Federal Motor Carrier Safety Regulations (FMCSRs) at 49 C.F.R. Parts 300–399 establish binding safety standards. When a driver or carrier violates one, Missouri allows a court to treat the violation as negligence per se. Key violations include:
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Hours of service violations — 49 C.F.R. § 395.3
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Logbook falsification — 49 C.F.R. § 395.8
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ELD compliance failures — 49 C.F.R. § 395.24
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Vehicle inspection and maintenance failures — 49 C.F.R. § 396.3
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Drug and alcohol testing violations — 49 C.F.R. Part 382
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Driver qualification file deficiencies — 49 C.F.R. Part 391
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Prohibited cell phone use — 49 C.F.R. § 392.80
Who can be held liable?
Liability extends well beyond the driver. The motor carrier can be directly liable for negligent hiring, training, supervision, or retention. Under respondeat superior, the carrier is vicariously liable for the driver's conduct in the scope of employment. Missouri also recognizes carrier-lessee liability under federal regulations — when a truck displays a carrier's USDOT number and is hauling regulated freight, the carrier is liable even if the driver was technically employed by someone else.
Punitive damages against the company
When a trucking company's conduct reflects a corporate culture of indifference to safety, punitive damages may be available under RSMo § 510.261. In Schultz, the Supreme Court upheld punitive damages where company leadership had an unwritten rule permitting drivers to exceed speed limits and took no corrective action after a fatal crash.
What damages can you recover?
Missouri imposes no cap on compensatory or punitive damages in commercial trucking cases. Recoverable damages include past and future medical expenses, life-care planning costs, lost wages and earning capacity, pain and suffering, disability and disfigurement, loss of enjoyment of life, and loss of consortium.
What evidence matters most?
Commercial trucks generate enormous amounts of data — ELD records, ECM black box data, dispatch records, drug and alcohol testing files, maintenance logs, and more. Much of it can be overwritten or destroyed quickly. A litigation hold demand must go out as soon as possible to preserve:
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ELD data and driver's records of duty status
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ECM/black box data: speed, braking, cruise settings
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Driver qualification file and prior MVR history
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FMCSA safety scores and inspection history
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Post-accident drug and alcohol test results
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Dispatch records and delivery schedules
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Maintenance and inspection logs
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Cell phone records and surveillance footage along the route
Statute of limitations
Missouri's general personal injury limitations period is five years under RSMo § 516.120(4). Wrongful death claims must be filed within three years from the date of death under RSMo § 537.100, with service of process within 180 days.
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