Driver Fled the Scene in Missouri? Know Your Rights
When a truck driver leaves the scene after a crash in Missouri, specific laws determine what happens next — from insurance claims to potential criminal charges. Here’s what Missouri law says and what steps to take.
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Truck Driver Fled the Scene of Your Missouri Accident? Here’s What Happens Next
A truck driver in Missouri who leaves the scene of an accident does not escape legal responsibility. Every driver involved in a crash resulting in injury, death, or property damage must stop, provide identifying information to the other party or a law enforcement officer, and render reasonable aid to anyone injured. This duty applies to commercial truck drivers the same as any other motorist, regardless of who caused the crash.
When a truck driver fails to meet this duty and leaves the scene, it is a criminal offense. It also opens a separate path to a civil claim for compensation, regardless of whether the driver or the trucking company is ever identified.
Contact a Missouri car accident attorney at Buchanan, Williams & O’Brien, P.C. to discuss your case. With over 40 years of experience, our attorneys investigate hit and run accidents, pursue claims against trucking companies, and file uninsured motorist claims when the driver is not identified. You pay no fee unless we recover compensation for you.
What Missouri Law Requires of Drivers After an Accident
Missouri law requires every driver involved in an accident resulting in injury, death, or property damage to stop, provide their name, address, vehicle registration, and insurance information to the other party or a law enforcement officer. If someone is injured, the driver must also render reasonable assistance, which can include calling 911 for medical assistance. These duties are established under , the same statute that makes leaving the scene a criminal offense.
These requirements apply to truck drivers exactly as they apply to any other motorist, and they apply regardless of who caused the crash. Fault is a separate question, determined later through the claims process or in court. The law does not permit a driver to leave first and sort out responsibility afterward.
Reporting Requirement
Missouri also requires that certain accidents be reported to the Missouri Department of Revenue (DOR) Driver License Bureau. Under RSMo § 303.040, a driver involved in an accident causing more than $500 in property damage, or resulting in injury or death, must submit a written report within thirty days
Criminal and Civil Consequences When a Truck Driver Flees
Leaving the scene of an accident carries penalties that escalate based on the outcome of the crash. The consequences break down as follows:
Criminal Consequences
- Property Damage Only: A Class A misdemeanor, punishable by up to one year in jail and a fine of up to $2,000.
- Property Damage Exceeding $1,000, or a Prior Conviction: A Class E felony, punishable by up to four years in prison and a fine of up to $10,000.
- Physical Injury to Another Person: A Class E felony, punishable by up to four years in prison and a fine of up to $10,000.
- Death: A Class D felony, punishable by up to seven years in prison and a fine of up to $10,000.
- Driving Record: A conviction for leaving the scene of an accident adds 12 points to the driver’s Missouri driving record. Because Missouri revokes a license upon the accumulation of 12 or more points within a 12-month period, a single conviction for leaving the scene can trigger a one-year license revocation on its own.
Civil Consequences
A victim’s right to pursue a civil claim for compensation does not depend on the outcome of any criminal case against the truck driver. A victim may hire an attorney and pursue a civil claim against the driver, the trucking company, or both, for losses and damages, including medical expenses, lost wages, and pain and suffering, regardless of whether the driver is ever criminally charged or convicted.
Civil claims are decided under the preponderance of the evidence standard, a lower burden of proof than a criminal court requires.
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When the Truck Driver Cannot Be Identified
When a truck driver flees the scene and cannot be identified, Missouri law treats the situation the same as an accident with an uninsured driver. Under RSMo § 379.203, every Missouri auto insurance policy must include Uninsured Motorist (UM) coverage unless the policyholder rejects it in writing. A victim can file a claim under their own UM coverage when the at-fault driver was never found.
Corroborating Evidence Instead of Physical Contact
Missouri does not require physical contact between the fleeing vehicle and the victim’s car or person for a UM claim to apply. Missouri courts allow a UM claim to proceed without contact, so long as the victim can show, through evidence independent of their own testimony, that another vehicle caused the accident.
A police report, an eyewitness account, or surveillance footage can each serve this purpose. This requirement exists to prevent a driver from causing a single-vehicle accident and then falsely attributing it to a phantom vehicle.
Minimum UM Coverage Requirements
Missouri’s mandatory Uninsured Motorist coverage applies to bodily injury only. Under RSMo § 379.203, every Missouri auto insurance policy must include UM bodily injury coverage of at least:
- $25,000 per person
- $50,000 per accident
Missouri does not require UM coverage for property damage. Some insurers offer it as an optional add-on. A victim without that optional coverage would need to pursue vehicle repair costs through other means, such as their own collision coverage or a claim against the trucking company if identified.
Contact a Missouri Hit and Run Accident Attorney
If you were seriously injured by a truck driver who fled the scene of an accident, consult a Missouri hit and run accident lawyer at Buchanan, Williams & O’Brien, P.C. Schedule a free, no-obligation consultation today. We work on a contingency basis, which means you pay no fee unless you receive compensation.
While the statute of limitations in Missouri for filing a personal injury lawsuit is five years from the accident date, hiring legal counsel as soon as possible is crucial. Otherwise, vital evidence could be lost.
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