Truck crashes cause some of the most serious injuries we see. Federal law allows a loaded tractor-trailer to weigh up to 80,000 pounds on the interstate (23 U.S.C. § 127), many times the weight of a passenger car, and the people in the smaller vehicle usually take the worst of it.
Bradley Law Personal Injury Lawyers represents truck accident victims throughout Missouri. Before he began representing injured people, founding attorney E. Ryan Bradley spent two years working in insurance defense, so he has seen how trucking insurers evaluate claims and where they try to reduce them.
Most injury lawsuits in Missouri must be filed within five years (RSMo § 516.120), but the evidence in a truck case usually doesn’t last that long. Call (314) 451-5991 or contact us online any time for a free consultation.
How Our Missouri Truck Accident Lawyers Build Your Case
Truck cases usually involve more defendants, more insurance, and more records than a car accident claim, and the trucking company’s insurer tends to get involved quickly. If an adjuster calls asking for a recorded statement, you aren’t required to give one. We can handle those calls for you.
- Preserve the evidence. We send the carrier a spoliation letter asking it to keep its ELD logs, engine data, dashcam video, and dispatch messages.
- Organize your medical care. A dedicated medical coordinator tracks your treatment and bills, and a dedicated paralegal handles the paperwork.
- Identify every liable party and policy. We look past the driver to the carrier, broker, shipper, and anyone else involved.
- Prepare for trial. Most cases settle, but insurers take a claim more seriously when it’s ready to go before a jury.
Who Can Be Held Liable for a Truck Accident in Missouri?
More than one company is usually to blame when a commercial truck crashes in Missouri. The driver is the obvious starting point, but the motor carrier, a freight broker, and whoever loaded the trailer can all share liability. Sorting out who did what is a big part of our early work on these cases.
The Truck Driver
We see the same driver mistakes over and over: speeding to make up lost time, tailgating at highway speed, nodding off late in a long shift, looking down at a phone. That last one is its own federal violation, since truckers aren’t allowed to use a hand-held phone while driving (49 C.F.R. § 392.80).
The Motor Carrier
When the driver is an employee, the trucking company generally answers for mistakes made on the job. Owner-operators don’t change that as much as carriers would like. Under federal leasing rules, the lease has to give the carrier exclusive possession, control, and use of the truck, plus full responsibility for how it’s operated (49 C.F.R. § 376.12(c)(1)). We also look hard at what the company itself did. Did it hire a driver with a bad record, or keep a truck running when it was overdue for brake work?
The Freight Broker
Brokers don’t own trucks. They book the freight and pick the carrier that hauls it, sometimes based mostly on price. If a broker chose a carrier with a known safety problem, you may have a negligent selection claim. Brokers used to argue that federal law blocked these claims (49 U.S.C. § 14501(c)). In May 2026, the U.S. Supreme Court ruled unanimously that it doesn’t (Montgomery v. Caribe Transport II, LLC). Brokers still fight these claims on the facts, so the carrier’s safety record is where the work happens.
The Shipper or Loader
Loose or overweight cargo can tip a trailer on a curve or spill across a lane. Federal rules spell out how freight has to be secured (49 C.F.R. Part 393, Subpart I), and drivers are expected to inspect it (49 C.F.R. § 392.9). But a driver can’t always see inside a sealed trailer. When the company that loaded it made the mistake, that company may share fault.
Sometimes the problem traces back further, to a repair shop that missed something or a part that failed. Government trucks are their own category. Missouri waives sovereign immunity when a public employee negligently operates a motor vehicle, though damage limits apply (Mo. Rev. Stat. § 537.600, § 537.610).
Commercial Vehicle and Delivery Truck Accidents
Not every truck case involves an 18-wheeler. We also handle crashes with box trucks, dump trucks, tankers, garbage trucks, and the delivery vans that seem to be on every residential street now. Federal safety rules generally kick in at 10,001 pounds for vehicles used in interstate commerce (49 C.F.R. § 390.5), and Missouri applies most of the same rules to commercial vehicles that stay in-state (RSMo § 307.400).
Plenty of delivery vans come in under that weight. Fewer federal rules may apply, but the company behind the driver can still be held liable. Finding that company can take some digging, because package delivery often runs through layers of contractors, and the logo on the van doesn’t settle the question. City and county vehicles have their own claim rules too.
Key Evidence in a Missouri Truck Accident Claim
Most of what proves a truck case sits in the trucking company’s files, not at the crash scene. The driver’s electronic logging device tracks time on duty and behind the wheel (49 C.F.R. Part 395, Subpart B), and that’s often where fatigue shows up. The engine control module, or black box, can capture speed and braking in the seconds before impact. No federal rule says the carrier has to save it.
We also go after inspection and maintenance records (49 C.F.R. Part 396), the driver’s qualification file (49 C.F.R. Part 391), and the carrier’s roadside inspection history in the FMCSA SAFER system. Put together, they show whether that truck, or the person driving it, belonged on the road that day. Some of these records don’t have to be kept for long. Here are the federal minimums:
| Record | Federal rule | Minimum retention |
| Driver vehicle inspection reports | § 396.11 | 3 months |
| Hours-of-service and ELD records, with supporting documents | § 395.8(k) | 6 months |
| Annual inspection reports | § 396.21 | 14 months |
| Maintenance records | § 396.3(c) | 1 year, plus 6 months after the vehicle leaves the carrier’s control |
| Driver qualification file | § 391.51 | Length of employment plus 3 years |
| Engine control module data | None | Can be overwritten with normal use |
If a party intentionally destroys evidence, Missouri courts may allow the jury to infer the evidence would have hurt that party (Schneider v. G. Guilliams, Inc., 976 S.W.2d 522 (Mo. Ct. App. 1998)). A spoliation letter sent early puts the carrier on notice that it needs to keep these records.
Federal Trucking Rules That Shape Missouri Truck Cases
Interstate carriers and drivers have to follow the Federal Motor Carrier Safety Regulations (49 C.F.R. Parts 350 to 399). A violation needs to be connected to the crash to matter in a claim, but it’s often central to proving negligence.
| Rule area | What it requires (summary) | Citation |
| Hours of service | Property carriers: no more than 11 hours of driving after 10 straight hours off duty, no driving after the 14th hour on duty, a 30-minute break after 8 hours of driving, and weekly limits of 60 or 70 hours | § 395.3 |
| Electronic logging | Most drivers who must keep logs have to use a registered ELD | § 395.8 |
| Commercial driver’s license | A CDL is required for vehicles with a gross weight rating of 26,001 pounds or more, among others | Part 383 |
| Drug and alcohol testing | Pre-employment, random, post-crash, and reasonable-suspicion testing for CDL drivers | Part 382 |
| Inspection and maintenance | Systematic inspection and repair, driver inspection reports, and an annual inspection | Part 396 |
| Cargo securement | Cargo must be contained and tied down so it can’t shift or fall | Part 393, Subpart I |
| Minimum insurance | For-hire carriers of general freight in trucks of 10,001 pounds or more: $750,000; some hazardous materials: $5,000,000 | § 387.9 |
These insurance amounts are minimums, and many carriers have more coverage.
How Missouri Law Affects Your Truck Accident Claim
How Long Do You Have to File a Truck Accident Lawsuit in Missouri?
Missouri gives you five years from the date you were hurt to file a personal injury lawsuit (RSMo § 516.120). If a family member died, the deadline for a wrongful death suit is three years from the date of death (RSMo § 537.100). Claims involving a minor or a government vehicle can run on different timelines, so it’s worth confirming yours.
How Shared Fault Affects a Missouri Truck Accident Claim
Missouri follows pure comparative fault, a rule the Missouri Supreme Court adopted in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983). You can still recover if you were partly to blame. Your award just shrinks by your share. Say a jury values your case at $400,000 and puts 25% of the fault on you for a late lane change. You’d recover $300,000, which is why trucking insurers work so hard to shift blame onto the other driver.
How fault splits among the defendants matters as well. One found 51% or more at fault can be on the hook for the full judgment, while one under 51% usually pays only its own share (RSMo § 537.067).
What Compensation Can You Recover After a Missouri Truck Accident?
| Type of damages | What it covers | Notes |
| Economic | Medical bills, future care, lost wages, lost earning capacity, property damage | Proven with bills, records, and expert testimony |
| Non-economic | Pain, suffering, emotional distress, loss of enjoyment of life, disfigurement | Based on how the injuries affect your daily life |
| Punitive | Punishment for especially reckless conduct | Requires clear and convincing proof of intentional harm or deliberate and flagrant disregard for safety; generally capped at the greater of $500,000 or five times the net judgment, with exceptions (§ 510.261, § 510.265) |
| Wrongful death | Funeral costs, lost financial support, lost companionship and guidance, and the decedent’s pain before death | Defined by § 537.090; who can file is set by § 537.080 |
Truck Accident Representation Across Missouri
Bradley Law represents truck accident victims across Missouri, from interstate crashes on I-70, I-44, I-29, I-35, I-49, and I-55 to collisions on state highways and local roads.
The law above applies statewide. What changes from one area to the next is the court, the local crash patterns, and the people you’ll be dealing with. If your injury didn’t involve a truck, a Missouri personal injury lawyer at Bradley Law can still review what happened.
Talk With a Missouri Truck Accident Attorney Who Knows the Insurance Side
If you or a family member was hurt in a truck crash anywhere in Missouri, call (314) 451-5991 or contact us online for a free consultation. We’re available 24/7. You pay nothing unless we win.
Missouri Truck Accident FAQs
1. How long do I have to file a truck accident lawsuit in Missouri?
You generally have five years from the date of the crash to file a truck accident injury lawsuit in Missouri, and three years from the date of death for a wrongful death claim (§ 516.120, § 537.100). Waiting that long is risky, though, because key trucking records can be lawfully discarded within months.
2. How much is a truck accident case worth in Missouri?
There’s no set figure. Value depends on your medical costs, lost income, how your injuries affect your daily life, how clear fault is, and how much insurance coverage the responsible companies carry. Anyone who quotes a number before reviewing your records is guessing.
3. Should I give a statement to the trucking company’s insurance adjuster?
No, not before you talk to a lawyer. You have no obligation to give the other side a recorded statement, and adjusters are trained to ask questions that shift fault onto you. Let your attorney handle that contact.
4. How much does it cost to hire a truck accident attorney?
Nothing upfront. Bradley Law works on a contingency fee, so you pay nothing unless we win. We’ll explain exactly how fees and case costs work during your free consultation.
5. Will my truck accident case go to trial?
Probably not. Most cases settle. But we prepare every case as though it will be tried, because insurers tend to offer more when they know the evidence is ready for a jury.
