Distracted Truck Driver Accidents in Missouri: Phones, Tablets, and Who’s Responsible

Short answer: Truck drivers can’t text or use a hand-held phone while driving a commercial truck under federal rules (49 CFR 392.80 and 392.82), and the trucking company can’t allow or require it. Missouri’s hands-free law, RSMo 304.822, goes further: since August 28, 2023, it has barred every driver, of any age and in any vehicle, from holding a phone, texting, or watching a video while driving, with limited exceptions. When a distracted truck driver causes a crash, the injured people and the families of anyone killed may have civil claims against the driver and, often, the motor carrier. The key evidence (phones, tablets, electronic logging device data, cab camera footage) has to be locked down fast.

A loaded semi doesn’t give anybody a second chance. Look down at a screen for a few seconds at highway speed and the truck covers a lot of ground with nobody watching the road.

We handle the civil side of these cases: the injured people and the families. We don’t do criminal defense. So this post is about what victims and families need to know.

The U.S. 71 crash in Kansas City

On November 9, 2026, a crash on northbound U.S. 71 in Kansas City killed three people and injured seven others, according to KCTV. KCTV reported that court documents allege the driver of a semi-truck was traveling at a high speed around 3:20 p.m. when he struck three stopped vehicles, and that a preliminary investigation found no signs of emergency braking by the truck.

According to KCTV, an officer at the scene found an electronic tablet on the truck’s floorboard open to the YouTube application, as described in court documents. KCTV also reported the tablet held the truck’s driving log and a dash camera that authorities believe may have recorded the crash. The Jackson County Prosecutor’s Office charged the driver with three counts of felony involuntary manslaughter.

Those are charges and allegations. They haven’t been proven, and the driver is presumed innocent in the criminal case. We aren’t involved in that case and we’re not assigning fault. But the details police described line up with exactly the kind of evidence that matters in every distracted trucking case, so let’s walk through the law.

How big is the distracted driving problem?

According to NHTSA, distracted driving claimed 3,208 lives in 2024 and injured 315,167 people. NHTSA says sending or reading a text takes your eyes off the road for about five seconds, and at 55 mph that’s like driving the length of an entire football field with your eyes closed. Now picture that with a fully loaded tractor-trailer.

Federal rules: what truck drivers and carriers can’t do

The Federal Motor Carrier Safety Regulations (FMCSRs) set the floor for interstate trucking. Here’s what they actually say:

• No texting while driving (49 CFR 392.80). “No driver shall engage in texting while driving.” And: “No motor carrier shall allow or require its drivers to engage in texting while driving.” Driving includes sitting temporarily stationary in traffic or at a light. There’s an exception only to communicate with law enforcement or emergency services.
• What counts as texting (49 CFR 390.5). Manually entering text into, or reading text from, an electronic device. That includes email, instant messaging, and “a command or request to access a World Wide Web page.” It doesn’t include using a GPS or navigation system.
• No hand-held mobile phone (49 CFR 392.82). “No driver shall use a hand-held mobile telephone while driving a CMV,” and no motor carrier shall allow or require it. “Use” includes holding the phone for a call, dialing or answering by pressing more than one button, or reaching for it in a way that takes the driver out of a seated, belted driving position.
• No TV screen in the driver’s view (49 CFR 393.88). A screen that can receive a television broadcast has to be behind the driver’s seat and not visible to the driver while driving.
• State law still applies (49 CFR 392.2). A commercial truck must be operated according to the laws of the state it’s in, unless a federal rule sets a higher standard.
• CDL consequences (49 CFR 391.15). A second conviction for violating the texting or hand-held phone rule within three years disqualifies a driver for 60 days, and a third disqualifies them for 120 days.

Notice the federal texting and phone rules are written around texting and phones. Watching a video on a tablet doesn’t fit neatly into either one. That’s where Missouri law matters.

Missouri’s hands-free law, RSMo 304.822

The “Siddens Bening Hands Free Law,” RSMo 304.822, took effect August 28, 2023. It replaced Missouri’s old texting statute (304.820), which banned texting only for drivers 21 and younger, plus some commercial vehicle rules. The new law applies to every operator, of any age, of a commercial or noncommercial vehicle on any highway or property open to the public in Missouri. While driving, no operator may:

• Physically hold or support an electronic communication device with any part of their body;
• Write, send or read any text-based communication, including texts, instant messages, email or social media;
• Make a call or other communication, unless it’s through a hands-free or voice-operated feature;
• Engage in any form of electronic data retrieval or communication;
• Manually enter letters, numbers or symbols into any website, search engine or app;
• Watch a video or movie on an electronic communication device, other than navigation data; or
• Record, post, send or broadcast video, including a video call (with an exception for devices that only monitor driver behavior).

The law’s definition of “electronic communication device” expressly includes tablets and devices capable of displaying video. Truck drivers do get a couple of specific exceptions: they can use a hands-free or voice-operated feature if they stay seated and belted, and they can read a message on a permanently installed commercial vehicle device with a screen no bigger than 10 inches by 10 inches. Using a device while lawfully stopped or parked, using a map for navigation, and listening to audio are also allowed.

Penalties under 304.822.6:

• A basic violation is an infraction, with fines of up to $150, $250 or $500 depending on prior convictions in the past 24 months, and up to $500 in an active work zone or marked school zone.
• If the violation is the proximate cause of more than $5,000 in property damage, it’s a class D misdemeanor.
• If it’s the proximate cause of serious physical injury to another person, it’s a class B misdemeanor.
• If it’s the proximate cause of another person’s death, it’s a class D felony. Under RSMo 558.011, a class D felony carries a prison term of up to seven years.
• A violation while driving a commercial motor vehicle counts as a serious traffic violation for commercial driver’s license disqualification purposes.

Two more things to know. For ordinary (noncommercial) drivers, officers could only give warnings until January 1, 2025. And the law says no one can be stopped, inspected or detained solely for violating it, so it’s enforced as a secondary offense.

Who’s responsible when a distracted truck driver causes a crash?

In a civil case, the question isn’t guilt beyond a reasonable doubt. It’s negligence and who has to pay for the harm. In a trucking case, that’s often more than one party:

• The driver. A driver who causes a crash while texting, holding a phone or watching video can be liable for the harm. Violating a safety statute or regulation can also be used as evidence of negligence.
• The motor carrier, because the driver worked for it. Missouri generally holds an employer responsible for an employee’s negligence within the scope of employment. A truck driver hauling a load is usually doing the carrier’s work.
• The motor carrier, for its own conduct. The federal rules don’t just regulate drivers. Sections 392.80 and 392.82 say a carrier can’t allow or require texting or hand-held phone use, and 49 CFR 390.11 says that whenever the rules impose a duty or prohibition on a driver, the carrier has a duty to require the driver to follow it. Dispatch practices that push drivers to respond to messages while moving, no enforcement of device policies, ignoring alerts from in-cab cameras, or hiring and keeping a driver with a history of violations can all be part of the case.
• Others, depending on the facts. Brokers, shippers, or the owner of the trailer or tractor can sometimes be involved. That depends on the contracts and the facts.

Missouri uses pure comparative fault in negligence cases. A jury assigns percentages of fault, and if an injured person is found partly at fault, their recovery is reduced by their share. In a rear-end crash into stopped traffic, that argument usually doesn’t go far, but expect the defense to try.

Preserve the evidence before it disappears

Distracted driving cases are won or lost on data. Much of it sits with the trucking company, and some of it doesn’t last. Here’s what we go after right away:

• The driver’s phones and tablets. Usage records, app activity and timestamps can show what was on the screen and when. Carrier-issued devices and personal devices both matter.
• Electronic logging device (ELD) data and hours-of-service records. Federal rules require a carrier to keep drivers’ records of duty status and supporting documents for at least six months (49 CFR 395.8(k)) and to keep a back-up copy of ELD records for six months (49 CFR 395.22(i)). Six months goes fast. Hours data also shows whether fatigue was part of the picture.
• Cab cameras. Many trucks have forward-facing and driver-facing cameras, and some systems alert when a driver looks away or picks up a phone. That footage, and the alert history, can be the whole case.
• Engine and telematics data. Speed, braking and throttle in the seconds before impact. In the U.S. 71 case, investigators reportedly found no signs of emergency braking. That kind of data is exactly what reconstructionists use.
• Dispatch messages and company policies. What the carrier sent the driver, when, and what its device policy actually said.
• The driver qualification file and training records. Prior violations, past crashes and what the carrier knew.

A preservation (spoliation) letter should go to the carrier and its insurer as early as possible. If you or your family were hurt, don’t wait on the criminal case to finish before protecting the civil evidence.

What victims and families should know about deadlines and insurance

Most Missouri personal injury claims must be filed within five years (RSMo 516.120). Wrongful death claims generally must be filed within three years (RSMo 537.100). Exceptions exist, and evidence can disappear long before any deadline, so don’t wait.

A pending criminal charge doesn’t decide the civil case, and you don’t have to wait for a verdict to start building a claim. Talk to a lawyer before giving a recorded statement to the trucking company’s insurer.

You can read more about how we handle these cases on our St. Louis truck accident lawyer page, our Missouri truck accident lawyer page, our Columbia truck accident lawyer page, our texting while driving crash lawyer page, and our post on who is liable in a commercial truck accident.

Frequently asked questions

Can truck drivers use their phones while driving?

Not by hand. Under 49 CFR 392.82, a driver can’t use a hand-held mobile phone while driving a commercial motor vehicle, and under 392.80 can’t text while driving, except to contact law enforcement or emergency services. In Missouri, RSMo 304.822 allows truck drivers to use hands-free or voice-operated features if they remain seated and belted.

Is it illegal to watch videos while driving in Missouri?

Yes. RSMo 304.822 bars any operator from watching a video or movie on an electronic communication device while driving, other than navigation data. The law’s definition of an electronic communication device expressly includes tablets.

Does Missouri’s hands-free law apply to all ages?

Yes. Since August 28, 2023, RSMo 304.822 has applied to every operator of a commercial or noncommercial motor vehicle in Missouri, regardless of age. Missouri’s old texting statute only covered drivers 21 and younger, plus certain commercial vehicle rules.

What is the penalty if distracted driving kills someone in Missouri?

Under RSMo 304.822.6(8), a hands-free law violation that is the proximate cause of another person’s death is a class D felony, which carries up to seven years in prison under RSMo 558.011. Other criminal charges may also apply depending on the facts.

Can the trucking company be held responsible for a distracted driver?

Often, yes. A carrier can be responsible for its employee’s negligence on the job, and the federal rules say a motor carrier may not allow or require texting or hand-held phone use and must require its drivers to follow the safety rules (49 CFR 392.80, 392.82 and 390.11). Carrier policies, dispatch practices and hiring decisions can also be part of the case.

What evidence proves a truck driver was distracted?

Phone and tablet records, cab camera footage and alert history, electronic logging device data, engine and telematics data, dispatch messages, and witness statements. Carriers only have to keep some records for six months, so a preservation letter should go out quickly.

How long do I have to file a truck accident claim in Missouri?

Most Missouri personal injury claims must be filed within five years under RSMo 516.120. Wrongful death claims generally have a three-year deadline under RSMo 537.100. Exceptions exist, so get advice about your specific case.

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At Mutrux Firm Injury Lawyers, our results speak through the voices of our clients and now, through the honors we’ve earned in the community. Tyson Mutrux is licensed to practice in Missouri, Illinois, and U.S. Federal Courts. He takes every case seriously, representing individuals in serious injury claims with precision and care.

A lawyer’s reputation speaks volumes about their ability to handle cases effectively. Whether you need legal representation for a personal injury claim, a car accident, a motorcycle accident, a truck or tow-truck accident, a pedestrian accident, a catastrophic injury, or a wrongful death, choosing an attorney with a proven track record is essential.

Before Tyson Mutrux became one of Missouri’s most effective personal injury lawyers, he served in the U.S. Army as a Non-Commissioned Officer. He graduated with distinction from the Non-Commissioned Officers Academy and received the Army Commendation Medal for exceptional service.

The military taught him discipline, precision, and the importance of planning three moves ahead. Those same principles guide his approach to every case today.

Over the years, he has earned notable recognition, including:

• Selected for Super Lawyers (2024 – 2026).
• Best Car Accident Lawyer in Columbia, Missouri, Expertise.com (2026).
• Best Injury Lawyer in Columbia, Inside Columbia Magazine (2025).
• Top 10 Car Accident Lawyers in Columbia, Trust Analytica (2024).
• The Nation’s Top One Percent of Attorneys, National Association of Distinguished Counsel (2015).
• Top 100 and Top 40 Under 40, The National Trial Lawyers (2014).
• Superb (10/10) Rating, Avvo (2012).
• U.S. Army Commendation Medal.

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This post is general information about Missouri and federal law, not legal advice for your situation. Mutrux Firm has no involvement in the U.S. 71 case. Criminal charges are allegations, and every defendant is presumed innocent unless proven guilty.