Missouri Truck Accident Lawyer Guide: Laws, Deadlines and Rights

Missouri sits at the crossroads of I-70, I-44, I-55, I-35, I-29 and I-49, with the Kansas City and St. Louis freight hubs and Mississippi and Missouri River crossings. The Missouri Department of Transportation (MoDOT) reported 955 traffic deaths in 2024, down 3.6% from 2023, but deaths in crashes involving a commercial motor vehicle rose by 22 to 159 in 2024, and the fatality rate per 100 million commercial vehicle miles climbed from 1.18 in 2020 to 1.30. This guide explains the laws that matter most after a truck crash in Missouri, the evidence to protect and how to choose a Missouri truck accident lawyer. We do not recommend or rank any individual firm.

Missouri truck accident laws at a glance

• Filing deadline: five years for personal injury and property damage under RSMo § 516.120. For wrongful death, three years from the date of death under § 537.100.
• Government claims: Missouri waives sovereign immunity for injuries from the operation of government motor vehicles and certain dangerous property conditions (RSMo § 537.600), with notice requirements and statutory damage caps, so special rules apply.
• Fault rule: pure comparative fault, adopted in Gustafson v. Benda (Mo. banc 1983). Your recovery is reduced by your percentage of fault but never barred.
• Joint liability: under RSMo § 537.067, a defendant who is 51% or more at fault is jointly and severally liable for the whole award, while a defendant below 51% is generally liable only for its own share, with exceptions.
• Damage caps: Missouri does not cap compensatory damages in an ordinary truck injury case. A cap on non-economic damages applies in medical malpractice cases, which are a separate category.
• Punitive damages: RSMo §§ 510.261 and 510.265 (effective August 28, 2020) require clear and convincing evidence, bar a punitive claim in the initial petition (a motion for leave is required), limit vicarious liability for punitive damages, and cap awards at the greater of $500,000 or five times the net judgment, subject to exceptions.
• Insurance system: at-fault, not no-fault. Minimum liability limits for ordinary vehicles are $25,000 per person, $50,000 per accident and $25,000 for property damage.

Pure comparative fault: you are not cut off by your share

If a jury finds you 40% at fault and your damages are $500,000, you can recover $300,000. Missouri does not cut you off at any percentage, so even a plaintiff found mostly at fault can recover something. Insurers still try to raise your percentage, because every point reduces what they pay. Photos, video, witness statements and the truck's electronic data matter.

The 51% joint liability rule

Under RSMo § 537.067, joint and several liability depends on each defendant's share of fault. A defendant found 51% or more at fault can be required to pay the entire judgment, which helps collection if another defendant cannot pay. A defendant found below 51% at fault pays generally only its own share. In a truck crash, a thorough investigation to identify the driver, carrier, cargo loader, maintenance contractor and any other contributor can affect how much is ultimately collectible. When the driver is an employee acting within the scope of the job, the carrier is also generally responsible for the driver's share.

Punitive damages after the 2020 law

In rare truck cases involving conduct such as falsified logs, driving while impaired or knowingly operating unsafe equipment, punitive damages may be possible. Under the 2020 statutes, the plaintiff must show by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others. A punitive claim cannot be included in the first petition, so it must be added later with the court's permission. The statutes also limit when an employer can be held liable for an employee's conduct for punitive damages. Ask a lawyer how these rules affect a claim against a trucking company.

Truck crashes in Missouri: what the data shows

MoDOT reported 955 traffic deaths in 2024 on a preliminary basis, a 3.6% decrease from 2023. For commercial motor vehicles, MoDOT reported 159 deaths in crashes involving a CMV in 2024, 22 more than in 2023, and a fatality rate of 1.30 per 100 million CMV vehicle miles traveled, up from 1.18 in 2020. In 2025, preliminary figures through August 24 showed 577 deaths, compared with 589 in the same period of 2024. Missouri law enforcement agencies send crash reports to the Missouri State Highway Patrol to feed a statewide database. Nationally, NHTSA counted 5,340 deaths in large-truck crashes in 2024, and about 70% of those killed were in other vehicles. For the latest figures, see MoDOT's CMV tracker.

Who may be responsible for a Missouri truck crash

• The truck driver, for speeding, distraction, fatigue, impairment or unsafe lane changes.
• The motor carrier, for the employee's actions and for negligent hiring, training, dispatch pressure or poor maintenance.
• A cargo loader or shipper, if freight was overloaded or unsecured.
• A repair shop or parts maker, if brakes, tires or other equipment failed.
• A government body, in some cases involving road design, work zones or government vehicles, subject to special rules.

Insurance in a Missouri truck crash

Missouri's minimum limits for ordinary vehicles are far below the cost of a serious truck injury. Under federal rules, interstate carriers hauling general freight must carry at least $750,000 in liability coverage, with higher minimums for some hazardous cargo. Many carriers carry more. Your own uninsured and underinsured motorist coverage may also apply depending on your policy.

Evidence that matters in a Missouri truck case

• The crash report from the investigating agency, often the Missouri State Highway Patrol, a county sheriff or city police
• Photos and video of the scene, the truck, its markings and the USDOT number
• Driver logs and electronic logging data. Hours-of-service rules apply, and carriers generally keep logs for only six months.
• Dash camera footage, engine data and maintenance records
• Medical records and bills from the first day

You can look up the carrier's inspection and crash history in the FMCSA SAFER system. Ask a lawyer about sending a written preservation request to the carrier quickly.

What compensation may include

• Medical expenses, past and future
• Lost income and reduced earning capacity
• Pain and suffering and loss of enjoyment of life
• Property damage
• In a fatal crash, funeral costs and wrongful death damages for eligible family members
• In limited cases, punitive damages

No one can promise a result. The outcome depends on your injuries, the evidence, the insurance available and your share of fault.

Steps to take after a truck crash in Missouri

1. Call 911 and get medical care, even if you feel fine.
2. Photograph the scene, the truck and its USDOT number.
3. Do not say you were at fault, and do not guess about speed or distance.
4. Make sure a police report is filed and get the report number.
5. If a government vehicle or agency may be involved, speak with a lawyer immediately because of special notice rules.
6. Do not give a recorded statement to the trucking company's insurer without advice.
7. Speak with a Missouri truck accident lawyer early, before evidence is overwritten.

Choosing a Missouri truck accident lawyer

Confirm the lawyer is licensed in Missouri through The Missouri Bar or the Missouri Supreme Court's attorney lookup, ask about commercial trucking experience and how they handle punitive damages and joint liability, and get the fee agreement in writing. Many injury lawyers work on contingency, so there is no fee unless you recover, but percentages and case costs vary. Read our guide on attorney fees and see our other state guides.

This article is general information and is not legal advice. Laws change, so verify with a Missouri attorney. We do not endorse any law firm.

Frequently asked questions