If a poorly maintained commercial truck with worn brakes or bald tires injured you or killed a loved one in St. Louis, Missouri law generally lets you seek compensation from the trucking company and others responsible for the neglected equipment.
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Christopher R. Dixon, a St. Louis-born trial lawyer and Super Lawyers® honoree, has recovered more than $60 million for injured clients and their families.
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A truck crash caused by bad brakes or a failed tire rarely ends with a dented fender. Serious cases can involve surgery, months away from work, and care that lasts years. The claim decides who pays for that: past and future medical bills, lost wages, and the pain of living in a changed body.
It also covers lost earning capacity. That’s the income you can no longer earn over your working life because of the injury, separate from the paychecks you’ve already missed.
In Missouri, most personal injury claims must be filed within five years under RSMo § 516.120, and wrongful death claims must be filed within three years under Mo. Rev. Stat. § 537.100, counted from the date of death. Those windows sound long. The evidence clock runs much faster.
Maintenance evidence lives inside the truck and inside the carrier’s files. After a crash, a damaged tractor may be repaired and put back to work. Brake components get adjusted or replaced. Tire fragments get swept off I-70 or I-44 with the rest of the debris. Electronic engine data can be overwritten during normal operation, and federal rules let carriers discard some inspection paperwork after set retention periods.
Once a brake drum is resurfaced or a blown tire is thrown away, nobody can measure what condition it was in.
If your family has lost someone, Missouri sets an order of who may bring a wrongful death claim. Under RSMo § 537.080, a spouse, children, descendants of deceased children, or parents come first. Siblings or their descendants may file only if none of those relatives survive. A court-appointed plaintiff ad litem, meaning a person the court names to bring the case, may file only when neither group survives.
One more caution. If a city, county, or other public agency owned or maintained the truck, different notice and immunity rules may apply, so raise that fact early.
As a trial lawyer practicing since 2007, Christopher R. Dixon approaches personal injury cases with both trial preparation and economic expertise. He gained courtroom experience working with the St. Louis City Circuit Attorney’s Office during law school, and he holds a finance degree from the University of Missouri–Columbia. Both shape how our team looks at a maintenance case: start with the physical and paper record, then build outward.
Our approach follows six steps we call the Commercial Fleet Liability Framework. It’s a general outline, not a script, and which steps matter most depends on the crash. For a broader look at commercial crash claims, see our St. Louis truck accident lawyer overview.
We send written preservation demands to the carrier, the truck’s owner, any outside repair shop, and the tow yard holding the vehicle. In a maintenance case, those letters reach past logging-device and engine data to the physical parts: brake chambers, slack adjusters, drums, wheel ends, and tire remnants. We ask that nothing be repaired, scrapped, or sold before a joint inspection.
Spoliation is the destruction or loss of evidence by a party that knew it mattered to a likely lawsuit. In Missouri, a jury may be allowed to infer that missing evidence would have hurt a company only when the company destroyed it intentionally, in a way that suggests fraud, deceit, or bad faith. Destroying evidence after receiving notice to keep it can help show that intent. If the data and parts are secured, reconstruction can rest on objective braking and speed records. If they’re gone, the strategy shifts toward witnesses, scene evidence, and challenges to the loss itself.
We determine who employed the driver, whose operating authority the truck ran under, and who owned or leased the tractor and trailer. In maintenance cases, the most important question is often who actually did the work. That could be the carrier’s own shop, a third-party repair facility, or a leasing company with a maintenance contract.
We also look at who loaded the cargo and whether a defective part played a role. Claims against freight brokers are possible in some circumstances, but they remain contested and depend heavily on the facts. Lease agreements, maintenance contracts, and carrier registration records tell us who belongs in the case.
Federal rules govern vehicle inspection and maintenance, driver qualification, drug and alcohol testing, and hours of service. Drivers are limited to 11 hours of driving after 10 consecutive hours off duty (FMCSA, 2024). Comparing the carrier’s own files against those rules can show whether a brake or tire failure grew out of company habits rather than one bad day.
There’s a pleading wrinkle. In Missouri, when a carrier admits its driver was acting for the company, separate negligent hiring or entrustment claims may be treated as duplicative. Direct claims about the carrier’s own maintenance practices still deserve careful thought, so we plan pleadings with that rule in mind.
A strong reconstruction examines stopping distance, load weight, lighting, following distance, and road conditions. In a brake case, it can show how far the truck should have needed to stop with properly adjusted brakes compared to how far it actually traveled. That framing matters because Missouri divides fault by percentage, which we cover in detail below.
Federal rules set minimums, and we look past them. The minimum liability insurance for general freight carriers is $750,000, with hazmat carriers requiring $1 million to $5 million (FMCSA, 2024). Excess or umbrella policies, coverage held by a repair shop or parts maker, and your own uninsured or underinsured motorist coverage may also apply.
Two attorneys on our team previously defended insurers. Greg Motil, recognized by Super Lawyers in 2025 and 2026, combines defense-side experience with plaintiff representation to understand how insurance carriers evaluate claims. Michael A. Langella brings insight from his background defending insurance companies. That history helps us anticipate coverage positions before they’re raised.
Serious truck injuries can involve future surgeries, home modifications, lost earning capacity, and permanent limits on daily life. Many of these cases fall into the category of catastrophic injuries, where the long-term numbers dwarf the first year’s bills. Christopher Dixon’s finance background supports careful economic analysis of those losses.
We weigh a well-supported damages case against the coverage available, and that comparison guides whether to negotiate, file suit, or prepare for trial.
Wondering whether a brake, tire, or equipment failure caused your crash? Call 314-208-2808 to talk it through. Bring the police report, any photos, the trucking company’s name, and letters from insurers if you have them. Ask us how fees and case expenses work before you decide anything.
A truck maintenance failure is a lapse in keeping a commercial vehicle in safe working order. For carriers subject to the Federal Motor Carrier Safety Regulations, 49 C.F.R. Part 396 requires every motor carrier to systematically inspect, repair, and maintain the vehicles under its control and to keep records of that work. Whether the federal rules or a state version applies depends on the carrier’s operations, so we confirm that first.
The FMCSA layers several duties on top of each other.
The Missouri State Highway Patrol conducts roadside inspections of commercial vehicles. An out-of-service order is an order that takes a truck off the road until a dangerous defect is repaired. Running that truck before the repair is its own violation. FMCSA’s Safety Measurement System also groups inspection violations into categories, including vehicle maintenance, which can reveal a carrier’s history before your crash.
Does a passed annual inspection prove the truck was safe? No. A periodic inspection captures the truck’s condition on one day. Brakes wear and tires lose pressure between inspections, which is why the rules also demand ongoing maintenance and daily driver attention.
Truck crashes carry outsized stakes. According to FMCSA large truck crash facts, approximately 13% of all motor vehicle fatalities involved large trucks, and 5,936 large trucks and buses were involved in fatal crashes (FMCSA, 2022). Those national figures cover every cause, not maintenance alone. But they explain why federal rules treat a heavy truck’s condition as a public safety issue.
Each mechanical failure leaves a different trail. Identifying exactly which component failed, and when someone should have caught it, is the foundation of a maintenance claim.
Most heavy trucks use air brakes. Slack adjusters keep the brake shoes close to the drums, and when they drift out of adjustment, the truck needs more distance to stop. Air leaks, worn linings, and cracked drums do the same.
A loaded tractor-trailer already needs far more room to stop than a car. Neglected brakes widen that gap. Picture a sudden slowdown at an I-270 interchange: a truck with properly adjusted brakes might stop short, while one with ignored defects plows into the car ahead.
Tires fail from underinflation, overloading, worn tread, cuts, and improper repairs. A steer-tire blowout can throw the cab across lanes in an instant. Tread separations also scatter heavy debris that strikes the vehicles behind.
The tire itself is evidence. The DOT code on the sidewall identifies the maker and date of manufacture. Pressure checks, rotation records, and weight tickets can show whether the carrier ran a tire past its safe life.
A trailer with dead lights becomes nearly invisible at night. A worn fifth wheel or failed coupling can let a trailer separate. Loose lug nuts can send a wheel bouncing into traffic, and worn steering parts can make a truck wander.
| Failure | How It Can Cause a Crash | Records Worth Requesting | Who May Share Responsibility |
|---|---|---|---|
| Out-of-adjustment or worn brakes | Longer stopping distance, rear-end and intersection crashes | Brake adjustment measurements, work orders, defect reports, engine braking data | Carrier, outside repair shop, brake part maker |
| Tire blowout or tread separation | Loss of steering control, lane departures, flying debris | Tire purchase and rotation logs, pressure checks, weight tickets, tire remnants | Carrier, tire installer, tire manufacturer, cargo loader |
| Lighting and reflector failure | Truck or trailer not seen at night or in rain | Defect reports, roadside inspection reports, parts invoices | Carrier, trailer owner or lessor |
| Coupling or fifth wheel failure | Trailer separation into traffic | Coupling inspection records, maintenance contracts, parts invoices | Carrier, trailer owner, repair shop, part maker |
| Wheel-end or steering defects | Wheel separation, drifting, rollover | Torque records, work orders, recall completion records | Carrier, repair shop, vehicle manufacturer |
The answer decides who you can sue and which rules apply. A maintenance failure is negligence by whoever was responsible for upkeep, while a defective part can support a product liability claim against the manufacturer or seller, and both can be true in the same crash.
Carriers can face two kinds of exposure. One is vicarious liability, the rule that makes an employer answer for an employee’s negligence on the job. The other is direct negligence for the company’s own failures, like ignoring defect reports or stretching repair intervals to save money.
Outside repair shops owe a duty to do the work they’re paid for with reasonable care. A shop that signs off on brakes it never adjusted may share fault. For more on fleets that defer repairs, see our overview of improper truck maintenance accidents.
Can a repair shop be held responsible for a truck crash? It can, if the shop’s poor work or missed defect helped cause the crash. The shop’s work orders, technician notes, and invoices usually decide that question.
Sometimes a carrier maintained a part properly and it failed anyway. A design flaw, manufacturing defect, or inadequate warning can support a product liability claim against the part’s maker or seller. In Missouri products liability cases, RSMo § 537.765 applies comparative fault, so a plaintiff’s recovery is reduced by any share of fault assigned to them rather than barred.
Recalls often sit right at the line between maintenance and defect. If a manufacturer issued a recall and the carrier never had the repair done, that points toward maintenance negligence. If no recall existed, or the recall fix itself failed, the manufacturer may share responsibility.
Maintenance cases depend on people who understand heavy trucks. Depending on the failure, that can include heavy-truck mechanics, mechanical engineers, tire failure analysts, metallurgists who examine fractured parts, and accident reconstructionists.
Key insight: Testing that alters or destroys a part should happen only under an agreed protocol or court order. Otherwise, one side can claim the evidence was tampered with, and the most important exhibit in the case loses its value.
Missouri follows pure comparative fault, adopted by the Missouri Supreme Court in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983): an injured person’s damages are reduced by their percentage of fault, but they can still recover even if they are more than 50% at fault. For claims against a part manufacturer, § 537.765 governs comparative fault instead.
Pure comparative fault means a jury assigns each party a percentage of blame, and each injured person’s award shrinks by their own share. No cutoff erases the claim.
But there’s a catch. Trucking defendants know this rule, and they use it. Common arguments include:
Reconstruction and maintenance records answer these arguments with measurements instead of opinions.
Hypothetical: A driver changes lanes ahead of a tractor-trailer on I-55. The truck’s brakes, never adjusted despite two driver defect reports, can’t stop in time. A jury might find the car driver partly at fault for the lane change and the carrier mostly at fault for the brakes. Under Gustafson, her damages would be reduced by her share, not wiped out.
Here’s what that means for you. Don’t assume a mistake you made ends your claim.
The proof usually comes from comparing the carrier’s paperwork against the truck’s physical condition. One of the clearest signs of negligent maintenance is a gap between a defect someone reported and a repair that never happened.
Records we look for include:
Key insight: Engine computers on modern trucks can log fault codes before a crash. When those codes line up with a defect the driver reported and the work orders show no repair, the timeline speaks for itself.
Much of this material sits in the company’s files and comes out only through formal discovery after a lawsuit is filed. That’s why the preservation demands from the first step matter so much. They keep the evidence intact long enough for discovery to reach it.
Results help you judge a firm’s experience, but they don’t predict your outcome. Every result below came from a different set of facts, and none guarantees a similar recovery in another case.
| Result | Case Type | What Happened |
|---|---|---|
| $150,000 settlement | Commercial truck and trailer crash, Missouri | Our client had just been asked by her fiancé to marry him when a driver from a local construction company, hauling commercial digging equipment, smashed his company truck and trailer into the rear of her vehicle. |
| $12,000,000 recovery | Wrongful death, car accident | Recovery for the family of a young girl killed in a car accident. |
| More than $60 million | Christopher R. Dixon’s career recoveries | Total recovered for injured clients and their families since he began practicing in 2007. |
Neither listed case was a maintenance failure claim. They reflect the commercial vehicle and serious injury work our attorneys handle.
Christopher Dixon has been named to The Best Lawyers in America® 2027 — Personal Injury Litigation – Plaintiffs, recognized among the Top 100 Trial Lawyers by The National Trial Lawyers, and granted Lifetime Membership in the Million Dollar Advocates Forum. Clients have given the firm a 5-star Google rating across 406 reviews.
Where a Missouri truck case gets filed depends mainly on where the injury happened. Under RSMo § 508.010.4, when the plaintiff was first injured in Missouri, venue is in the county where that injury occurred, regardless of where the defendants are located. The defendants’ location affects venue only when the injury happened outside Missouri. A St. Louis truck maintenance case is commonly filed in a Missouri circuit court, but the specific court and division depend on the facts, so always check your case notice for your assigned court.
Civil cases in these courts move through written discovery, depositions, expert disclosures, and often mediation before any trial date. How long that takes depends on the number of defendants, the expert work required, and the court’s docket. You can follow filings in Missouri state cases through Case.net, the Missouri Courts online system.
A wreck on the Illinois side of the Poplar Street Bridge or along I-55 or I-64 in the Metro East may fall under Illinois law and courts. Christopher Dixon, Greg Motil, and Michael Langella are all admitted to practice in both Missouri and Illinois.
Seriously injured crash victims in the region are often treated at Barnes-Jewish Hospital, Saint Louis University Hospital, or Mercy Hospital St. Louis. Trauma records from the first hours document the force of impact and the injuries it caused. Commercial trucks run daily on I-70, I-44, I-55, I-64, and I-270, and knowing those corridors helps us find scene evidence, nearby cameras, and witnesses.
You talk to people who answer at any hour. The Dixon Injury Firm is available 24/7, and every client works directly with the attorney handling their case, not a case manager or call center. We accept cases selectively so each one gets personal attention.
We handle truck cases on a contingency fee basis. That means our attorney fee comes out of a recovery, and you pay nothing unless we recover for you. Case expenses, like expert or records costs, are a separate subject, so ask us how they’re handled before you sign anything.
Helpful items to gather:
Don’t worry if you’re missing some of these. Part of our job is finding the records you can’t get on your own.
The information on this page is for general informational purposes and does not constitute legal advice. Every case is different, and past results do not guarantee future outcomes. Please consult an attorney about your specific situation.
The brake drums, tire remnants, and inspection files that prove a maintenance failure won’t wait for Missouri’s five-year or three-year filing deadline. Call 314-208-2808, day or night, to talk with our truck accident attorneys about your crash. We represent injured people and families across St. Louis, Clayton, Florissant, and St. Charles County, with zero upfront attorney fees.
In Missouri, “the brakes failed” is often where a claim begins, not where it ends. For carriers covered by federal safety rules, 49 C.F.R. Part 396 requires systematic inspection, repair, and maintenance. If the failure traces back to neglect, the carrier or a repair shop may be responsible. If the truck was properly maintained and a part failed anyway, the focus may shift to the part’s manufacturer under product liability law.
Most Missouri personal injury claims must be filed within five years under Mo. Rev. Stat. § 516.120. Wrongful death claims must be filed within three years under § 537.100, and that period starts at the date of death. If a government agency owned or maintained the truck, different notice and immunity rules may apply. Physical evidence can disappear long before any deadline, so early preservation matters.
For truck crash claims in Missouri, The Dixon Injury Firm works on a contingency basis, so you owe no attorney fee unless we win. The fee comes out of the recovery. Case expenses, such as expert reviews and records costs, are a separate topic, and we’ll explain how they’re handled before you agree to anything.
No honest lawyer can give a number at the start. In Missouri, value depends on the severity and permanence of your injuries, your medical costs and lost income, your share of fault, and how much insurance is available. General freight carriers must carry at least $750,000 in liability coverage (FMCSA, 2024), and other policies may also apply. We estimate value only after reviewing your records.
Take time before deciding. In Missouri, a signed settlement release usually ends your claim against that party for good, even if your injuries turn out worse than expected. An early offer may come before anyone knows your future care needs or whether a repair shop or parts maker shares responsibility. Have the offer reviewed against your full losses first.
You can still recover in Missouri. Under pure comparative fault, adopted in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), your damages are reduced by your percentage of fault, even if that share is more than 50%. For claims against a parts manufacturer, RSMo § 537.765 applies comparative fault in products cases. Your share is something evidence can contest.
Missouri truck cases don’t follow a set timeline. Timing depends on how quickly your medical condition stabilizes, how many companies are involved, how much expert testing the failed parts need, and whether the case goes to court. Settling before you know your long-term prognosis can leave future costs uncovered.
Missouri law doesn’t require one. But maintenance claims often involve several companies, federal inspection records, physical parts that need preservation, and multiple insurers. Many people find that hard to manage while recovering. A lawyer can send preservation demands, identify every responsible business, and handle insurer communications.
In Missouri, every auto liability policy must include uninsured motorist coverage under Mo. Rev. Stat. § 379.203.1. It covers a hit-and-run driver who left before being identified, whether or not the vehicles made physical contact, though your policy’s notice and reporting conditions still apply. Excess policies, other responsible businesses, and your own underinsured motorist coverage may also add protection.
Many Missouri truck cases resolve through settlement, but not all. Whether yours goes to trial depends on the evidence, the dispute over fault, and whether the insurers’ offers reflect your losses. Christopher R. Dixon approaches cases with trial preparation from the start, which keeps every option open.
In Missouri, injured people often use health insurance, medical payments coverage if their auto policy includes it, or Medicare or Medicaid. Those payers may have reimbursement rights out of a later recovery, so liens need to be addressed before settlement. Keep every bill and explanation of benefits.
Possibly. In Missouri, a design flaw, manufacturing defect, or inadequate warning can support a product liability claim against a part’s maker or seller, with comparative fault governed by RSMo § 537.765. Recall history matters: if a recall existed and the carrier never had it repaired, that points toward the carrier instead.
Many personal injury law factories get as many clients in the door as possible, hoping one will be the jackpot. Not us. At The Dixon Injury Firm, we’re highly selective about our cases because we devote considerable time and attention to each client.
