Distracted driving is one of the leading causes of truck accidents on Missouri highways — and when a distracted truck driver loses focus behind the wheel of an 80,000-pound semi, the consequences for other drivers can be devastating. These accidents occur on I-70, US-63, and the surrounding roads that commercial vehicles travel every day. When a truck driver looks at a phone, adjusts a GPS device, eats, or loses attention for even a few seconds, the results can mean catastrophic injuries, wrongful death, and shattered families.
Trucking companies and their insurers have experienced claims teams who move immediately after a crash. At Bur Oak Injury Law, attorney Chris Miller moves just as fast — subpoenaing cell phone records, placing legal holds on in-cab electronic data, and building the evidence-driven case you need from day one. No fee unless we win.
Commercial truck drivers are held to strict federal standards that go far beyond ordinary traffic laws. The Federal Motor Carrier Safety Administration (FMCSA) explicitly prohibits handheld mobile device use and texting while operating a commercial motor vehicle. A driver who texts while driving faces a fine of up to $2,750 per offense under federal regulations. For carriers who allow or require drivers to text, fines reach up to $11,000 per violation. A second or subsequent violation can trigger CDL disqualification — removing the driver from the road entirely. Read the FMCSA's guidance directly at fmcsa.dot.gov.
These prohibitions matter for injury victims because a driver who violates an FMCSA regulation is subject to a legal doctrine called negligence per se. Rather than proving the driver failed to act as a reasonable person, your attorney can point directly to the federal regulation violation as the standard of care — significantly strengthening your claim. When that same driver causes a truck accident that injures someone, the regulatory violation becomes a powerful tool in court and at the negotiating table.
The FMCSA rules cover texting and handheld phone use, but distracted driving extends well beyond phones. Federal regulations also require drivers to maintain attentiveness and safe operation at all times. Any conduct that diverts a driver's attention — GPS adjustments, in-cab dispatch systems, eating, or even daydreaming — can give rise to liability when it results in a crash. Missouri courts apply both federal trucking regulations and state negligence law to determine liability in these cases.
Not all distractions are equal — but behind the wheel of a fully loaded semi, even a two-second lapse in attention can translate to traveling the length of a football field without the driver registering what is ahead. The following are the most common forms of distraction seen in commercial truck accident cases.
Texting combines all three forms of distraction at once — visual, manual, and cognitive. Federal regulations prohibit handheld device use by commercial drivers, and cell phone records can establish exactly when a driver was using a device relative to the moment of impact.
Entering an address, zooming in on a map, or re-routing mid-trip diverts a driver's eyes and hands from the road. In-cab GPS logs can preserve a record of when the driver interacted with the device and what route changes were made.
Electronic logging devices and dispatch communication systems require drivers to read and respond to messages from carriers while driving. Companies that require or permit drivers to engage with these systems while moving may face independent liability for the resulting crashes.
Long-haul drivers often eat behind the wheel to save time. Handling food or a beverage takes at least one hand off the wheel and can shift a driver's attention away from the road at critical moments — especially when maneuvering through traffic or approaching intersections.
Cognitive distraction — when a driver's mind wanders despite eyes remaining on the road — is among the most dangerous and hardest to detect forms of inattention. Driver fatigue and long solo shifts increase the risk significantly. Witness accounts of erratic driving prior to impact can help establish this type of distraction.
The truck driver who was distracted at the moment of the crash bears direct personal responsibility. A driver who violates FMCSA regulations — for example, by using a handheld device — is subject to negligence per se, meaning the violation of the federal rule establishes the breach of duty without the need to prove separately what a reasonable driver would have done. Electronic evidence — call logs, text timestamps, app usage — can pin the distraction to the exact moment of impact.
Even without a clear FMCSA violation, a driver who allows any form of distraction to cause a crash may be held liable under Missouri's general negligence standard. The test is whether the driver failed to exercise the care that a reasonable, prudent commercial driver would have exercised under the same circumstances.
Under the doctrine of respondeat superior, a trucking company is generally liable for the negligent acts of its employed drivers committed in the course of their work. But the company's liability may extend further. A carrier that fails to adopt or enforce distracted driving policies, that pressures drivers to check in via in-cab dispatch systems while moving, or that negligently hired a driver with a prior history of distracted driving violations may face independent claims of negligence.
Trucking companies and their commercial insurers have experienced defense teams who work quickly to protect their interests after a crash. That is precisely why having dedicated legal representation in your corner from the start is essential to preserving evidence and building the strongest possible claim against all responsible parties.
Building a strong distracted driving truck accident claim requires moving quickly before evidence is overwritten, purged, or destroyed. Cell phone records and text message logs are often the most decisive evidence in these cases — they show exactly what the driver was doing at the moment of impact, down to the second. GPS device logs and in-cab dispatch system records corroborate the cell phone data and can establish a pattern of distracted behavior on the same trip. Electronic logging device (ELD) data and the truck's black box record speed, braking, and other critical parameters that help reconstruct how the crash occurred.
Bystander witnesses who observed the driver's behavior before the crash — swerving, inattentive lane changes, or holding a phone — provide valuable testimony that electronic data alone cannot replicate. Preserving their contact information at the scene is critical. Chris Miller issues evidence preservation demands and litigation holds immediately after being retained, which is often the single most consequential step in protecting the integrity of your claim.
Trucking companies have claims teams working immediately after a crash. The cell phone records, in-cab data, and black box logs you need to prove your case can be overwritten within days. No fee unless we win. Call (573) 499-0200 or send a message now.