When a commercial truck driver takes their eyes off the road to send a text, the results can be catastrophic. A fully loaded semi traveling at 65 mph covers more than 300 feet — the length of a football field — in just over three seconds. At Bur Oak Injury Law, we investigate distracted driving truck accidents, preserve electronic evidence before it disappears, and fight to hold negligent drivers and their carriers fully accountable.
(573) 499-0200 — Free ConsultationCommercial truck drivers face the strictest phone rules in the country. The Federal Motor Carrier Safety Administration (FMCSA) prohibits commercial motor vehicle (CMV) operators from texting or using a hand-held mobile phone while driving — period. Violations expose both the driver and the motor carrier to fines of up to $11,000 per incident. Multiple violations can trigger a driver disqualification.
Missouri added another layer in August 2023 with the Siddens Bening Hands-Free Law, which prohibits all motorists from physically holding or using a cell phone while operating a vehicle on Missouri roads. For commercial drivers who were already subject to FMCSA rules, the state law reinforces the same standard under Missouri traffic law — creating dual liability exposure when carriers fail to enforce phone policies.
When a trucker violates these rules and causes a crash, the violation is powerful evidence of negligence per se. In Missouri, a statutory or regulatory violation that causes the kind of harm the rule was designed to prevent can establish negligence as a matter of law — shifting the focus from whether the driver was negligent to how much compensation you are owed.
Distracted driving is dangerous at any speed, but the physics of an 80,000-pound tractor-trailer make a moment of inattention potentially deadly. At highway speed, a driver who looks down at a phone for five seconds has traveled more than the length of a football field without watching the road. The most common texting-related truck crashes we see across central Missouri include:
A texting trucker who fails to notice slowing traffic can slam into a passenger vehicle at full speed. The energy transfer in these crashes routinely causes traumatic brain injuries, spinal cord damage, and fatal injuries.
Commercial vehicles that drift out of their lane while a driver is looking at a phone can clip vehicles, force others off the road, or cross the center line into oncoming traffic.
Distracted drivers frequently miss red lights or fail to yield at intersections, causing high-speed broadside collisions that cause severe trauma to vehicle occupants.
Local delivery drivers face constant pressure to update routing apps and confirm deliveries while moving through neighborhoods and business corridors — a dangerous combination.
Speed reductions and narrow lanes in work zones demand full attention. A texting trucker who misses reduced-speed signs or lane shifts creates lethal conditions for workers and other drivers.
A distracted driver who overcorrects after drifting can jackknife the trailer or roll the entire rig, creating multi-vehicle crash scenes that block highways and cause cascading collisions.
Phone records don't lie — but they disappear. Carriers are not required to retain all data indefinitely, and insurers know that time works in their favor. Our firm acts immediately after a crash to preserve the evidence that proves distracted driving.
We send a spoliation letter to the carrier, insurer, and any third-party logistics company within 24 hours of being retained. This letter puts them on legal notice to preserve all electronic data — phone records, electronic logging device (ELD) data, GPS records, dashcam footage, and dispatch communications — or face sanctions.
We subpoena the driver's personal and company-issued phone records to pinpoint text messages, app activity, and call logs in the minutes before and during the crash. We also request the carrier's cell phone policy, driver training records, and any prior violations for the same driver.
Our network of forensic investigators and accident reconstruction experts analyzes skid marks, vehicle damage patterns, black box data, and physical evidence to establish the sequence of events — and confirm that distraction, not mechanical failure or road conditions, caused the crash.
With evidence in hand, we present a complete demand package to the carrier's insurer. Commercial truck carriers carry substantial liability policies — typically $1 million or more. We negotiate hard for full compensation and prepare every case for trial from day one. Carriers settle faster when they know we're ready to go to court.
Missouri follows a pure comparative fault system, which means your compensation is reduced by your own percentage of fault — but you can still recover even if you were partially at fault. Trucking companies often try to shift blame onto other drivers or road conditions to reduce their exposure. An experienced truck accident attorney in Columbia, Missouri, knows how to counter these tactics with hard evidence.
Beyond the driver, liability may extend to the motor carrier for negligent hiring, retention, or failure to enforce a cell phone policy. Third-party logistics companies, trailer owners, and even phone manufacturers have faced liability in distracted driving cases when their products or policies contributed to the crash. A thorough investigation identifies every responsible party and every available insurance policy.
Victims of texting truck drivers in Columbia, Missouri, may be entitled to recover economic damages including medical expenses, future treatment costs, lost wages, and diminished earning capacity. Non-economic damages — pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium — are equally recoverable. When the evidence shows the driver or carrier acted with reckless disregard for others' safety, Missouri courts may award punitive damages as well. Personal injury claims must be filed within five years under §516.120 RSMo; wrongful death claims within three years under §537.100 RSMo.
Chris Miller has spent more than 20 years representing seriously injured Missourians — and before that, he worked inside Missouri's legal system in a government attorney role. That combination of inside knowledge and courtroom experience means he understands how insurers and carriers think, and how to counter their strategies.
No handoffs. No associates. No paralegals handling your case. When you retain Bur Oak Injury Law, Chris Miller handles your case personally — from the first call to the final outcome. He personally reviews every piece of evidence, makes every strategic decision, and appears in court for you. That's not the norm at larger firms; at Bur Oak, it's the only way we operate.
Truck accident cases against large carriers and their insurers require aggressive, prepared advocacy. Chris Miller has won cases before the Missouri Supreme Court and secured meaningful results for injured clients across central Missouri. There is no fee unless we win — and the initial consultation is always free. Call (573) 499-0200 today.
No fee unless we win. Free consultation. Call now or send us a message — we respond within 24 hours.