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Understanding Commercial Driver Liability in Truck Accidents

Nathan Johnson June 9, 2025

A semi-trailer truck crash on a wet freewayIn Missouri, truck accidents are often catastrophic due to the sheer size and weight of commercial vehicles. When these accidents occur, commercial drivers may face both civil and criminal liability.

Nathan Johnson of Johnson Law Firm has been helping those of St. Joseph, Missouri, for over a decade. Take a look at how liability is established, the most common criminal charges drivers face, and how a criminal defense attorney can effectively protect the rights of the accused.

Commercial Truck Accidents in Missouri

Commercial truck accidents involve vehicles used for business, such as semi-trucks, tractor-trailers, delivery vans, or freight carriers.

The Missouri Department of Transportation (MoDOT) and the Federal Motor Carrier Safety Administration (FMCSA) impose strict regulations on commercial driving to mitigate the risk of serious accidents.

When these vehicles are involved in collisions, determining liability can be complicated. Commercial truck accidents in Missouri stem from a variety of contributing factors. One of the most common is driver error or negligence, which includes actions such as distracted driving, speeding, or failing to yield.

In some cases, the cause may lie in equipment failure or improper maintenance, where mechanical issues like brake malfunctions or tire blowouts result from neglecting safety inspections or repairs.

Hours-of-service violations also play a significant role; drivers who operate beyond federally regulated time limits are more likely to experience fatigue, which can impair judgment and reaction times. Additionally, substance use poses a serious risk and carries heavy legal consequences for commercial drivers. 

Lastly, road and weather conditions—such as slick surfaces, fog, or construction zones—can contribute to accidents, especially when drivers fail to adjust their behavior to match those hazards.

From a criminal defense perspective, it’s essential to determine not just what happened, but why it happened, and whether a criminal statute was violated.

Types of Criminal Charges in Missouri Truck Accidents

Missouri prosecutors can file various charges against commercial drivers after a truck accident, depending on the circumstances and resulting harm. Here are the most common:

Involuntary Manslaughter

If a truck accident results in death and the driver is found to have acted recklessly or under the influence, they may be charged with involuntary manslaughter under Missouri Revised Statutes § 565.024.

Key elements of this charge include:

  • The death of another person.

  • Caused by criminal negligence or reckless conduct (e.g., texting while driving, excessive speeding).

Penalties may include:

  • Class C felony (up to 7 years in prison) for second-degree involuntary manslaughter.

  • Enhanced penalties if under the influence of alcohol or drugs.

Even though it wasn’t the driver’s objective when they got on the road, they can still be tried with manslaughter.

Driving While Intoxicated (DWI)

Missouri has strict DWI laws, particularly for commercial drivers, who face a legal blood alcohol concentration (BAC) limit of just 0.04%—half the limit for non-commercial drivers.

Legal authorities to be aware of are:

  • Missouri Revised Statutes § 577.010

  • Federal Motor Carrier Safety Regulations (FMCSR)

Penalties may include:

  • First-time DWI: misdemeanor (up to 6 months jail, license suspension)

  • Second DWI: possible felony, longer license disqualification

  • Immediate disqualification of CDL for 1 year, or longer for certain offenses

Commercial drivers are treated more severely than non-commercial drivers regarding their allowed BAC limit.

Vehicular Assault

If the truck accident caused serious physical injury due to reckless or negligent behavior, the driver may face vehicular assault charges.

The following points are relevant under Missouri’s general assault statutes (§ 565.052 for second-degree assault):

  • Recklessly causing serious physical injury by operating a vehicle.

  • Includes behavior such as speeding, ignoring traffic signals, or distracted driving.

A vehicle can qualify as a deadly weapon depending on how it’s used.

Leaving the Scene of an Accident

Missouri law requires drivers to stop and provide aid or identification after a crash. A commercial driver who flees can be charged under § 577.060, even if the accident wasn’t their fault.

Consequences include a Class E felony if the accident involved injury or property damage, and a Class D felony if there was serious injury or death.

Violation of Federal Trucking Regulations

Violating FMCSA rules may not always lead to criminal charges, but in some cases (e.g., falsifying logbooks or tampering with evidence), it can trigger federal criminal investigations.

When Is a Commercial Driver Criminally Liable?

To convict a commercial driver of a crime related to a truck accident, prosecutors must prove criminal intent or gross negligence. This means the conduct must go beyond ordinary carelessness and show a disregard for public safety.

Factors courts consider:

  • The driver’s history of violations or prior crashes.

  • Whether the driver was impaired, distracted, or fatigued.

  • The extent of injuries or damage.

  • Evidence of tampering or cover-ups.

  • Whether proper training and licensure were provided.

Mere involvement in an accident doesn’t equal criminal liability. That’s where a criminal defense lawyer plays a crucial role in asserting the driver’s rights and examining the evidence.

The Interplay Between Criminal and Civil Liability

It’s important to recognize that truck accidents often lead to both criminal and civil proceedings.

  • Criminal case: Brought by the State of Missouri; penalties include jail, fines, and probation.

  • Civil case: Filed by victims; seeks monetary damages for injuries or losses.

A criminal conviction can be used as evidence in a civil lawsuit. But even without a conviction, victims may still sue. That’s why it’s crucial to secure a defense attorney familiar with both arenas, especially if criminal charges might open the door to civil liability.

Special Considerations for Out-of-State Drivers

Missouri is a major transportation hub with thousands of trucks passing through daily. Many drivers involved in accidents aren’t Missouri residents. Out-of-state drivers face unique challenges:

  • Jurisdictional issues

  • CDL reporting requirements in multiple states

  • Complications in court appearance scheduling

A Missouri-based lawyer can coordinate with attorneys in the driver’s home state and help manage interstate legal consequences.

Contact a Lawyer Experienced in Criminal and Personal Injury Law

Johnson Law Firm serves clients throughout the St. Joseph, Missouri, area, including Country Club, Platte City, Plattsburg, Stewartsville, Savannah, Cameron, Maryville, and all of Northwest Missouri. Contact the firm today to schedule an appointment and to get the help you need.