How the “Speed Limiter” Proposals Could Impact Your Case

How the “Speed Limiter” Proposals Could Impact Your Case

The withdrawn FMCSA Speed Limiter Rule of 2025 directly affects your truck accident case because they remove a potential regulatory standard you could have pointed to as evidence of negligence, but they do not eliminate your ability to prove a trucking company acted recklessly by allowing a driver to travel at dangerous speeds. 

In July 2025, the FMCSA officially withdrew its speed limiter rule after nearly a decade of debate, and that decision has real consequences for injury victims across the Kansas City metro and throughout Missouri and Kansas.

If a semi-truck was speeding when it caused a crash, the question isn't just "how fast was the driver going?" It's also "why was the truck able to go that fast in the first place?" 

For families dealing with the fallout of a high-speed truck crash, understanding what speed governors are, why the federal mandate failed, and how trucking companies use or bypass this technology can make a meaningful difference in the strength of a personal injury claim.

Key Takeaways about the FMCSA Speed Limiter Rule 2025

• The FMCSA formally withdrew its proposed speed limiter mandate for heavy trucks in July 2025, ending more than two decades of rulemaking efforts.
• Many large trucking fleets still voluntarily use speed governors on their vehicles.
• If a carrier tampered with or disabled a speed governor before a crash, that conduct may support a claim for punitive damages.
• A truck's electronic control module (ECM), often called the "black box," can reveal whether a speed governor was active and what speed the truck was actually traveling.
• Kansas City area crashes may fall under Missouri or Kansas law, which have very different comparative fault rules.

What Is a Speed Limiter and Why Does It Matter?

A speed limiter, also called a speed governor, is an electronic device that caps the maximum speed a commercial truck can reach. It works through the truck's engine control unit (ECU), which controls fuel flow and power output to prevent the vehicle from exceeding a programmed speed, typically somewhere between 62 and 68 mph. Evidence involving these systems can sometimes play an important role in a truck accident settlement after a serious crash.

Most truck manufacturers have been installing ECUs with speed-governing capability in commercial vehicles since the early 2000s. That means the vast majority of heavy trucks on I-70, I-35, and other major highways running through Kansas City are already equipped with the hardware to limit speed. Whether that technology is actually turned on and set properly is a different story.

The distinction matters because speed is one of the most common factors in fatal truck crashes. According to the National Safety Council, speeding played a role in 29% of all traffic fatalities in a single year. When you combine excessive speed with a vehicle that can weigh up to 80,000 pounds, the physics become unforgiving.

The Federal Speed Limiter Rule: What Happened?

The effort to mandate speed limiters on heavy trucks dates back more than 20 years. Here's a brief timeline of how the FMCSA speed limiter rule 2025 withdrawal unfolded:

• 2016: The FMCSA and NHTSA jointly proposed a rule requiring trucks over 26,000 pounds to be equipped with speed-limiting devices set at a maximum speed between 60 and 68 mph.
• 2022: The FMCSA revived the effort and signaled its intent to move forward with a carrier-based approach, requiring motor carriers to program the ECU and maintain the speed setting for the vehicle's entire service life.
• July 2025: Both agencies officially withdrew the proposed rule, citing significant data gaps, uncertain safety benefits, and concerns about overriding state speed limits.

The withdrawal came after an overwhelming public response. Of more than 15,600 comments submitted, over 15,000 opposed the mandate. Critics argued the rule could reduce driver earnings, create dangerous clusters of slow-moving trucks, and put small owner-operators at a competitive disadvantage.

Safety advocates, however, pushed back hard. The National Safety Council noted that USDOT's own research estimated that truck speed limiters set to 65 mph could prevent more than 200 deaths and nearly 5,000 injuries each year.

Regardless of where anyone stands on the policy debate, the withdrawal means there is no federal law requiring speed limiters on commercial trucks. That regulatory gap matters when a speeding truck causes a catastrophic crash.

Why the Withdrawal Matters for Injury Victims in Kansas City

Without a federal mandate, trucking companies are free to set, adjust, or completely disable speed governors on their fleets. Many large carriers still use them voluntarily because lower speeds mean better fuel economy and fewer maintenance costs. But not all do, and even among those that do, enforcement and consistency can vary widely.

This creates two important legal questions after a truck crash:

• Was a speed governor active on the truck at the time of the crash? 
  If the carrier chose not to use one, or set it at an unreasonably high speed, that decision becomes part of the liability picture. A company that skipped available safety technology may face stronger negligence claims.
  
• Was a speed governor tampered with or disabled? 
  This is where cases can become much more serious. If a trucking company installed a governor and then someone overrode it, disabled the password protections, or reprogrammed the ECU to allow higher speeds, that conduct goes beyond ordinary negligence. It may rise to the level of reckless disregard for public safety.

For people living and driving in the Kansas City area, where interstates like I-70 and I-435 carry heavy commercial traffic daily, these questions have very real consequences.

Proving Speeding with Black Box Data

One of the most valuable tools in any truck crash investigation is the truck's electronic control module, commonly referred to as the "black box." This device continuously records data about how the truck is operating, including:

• Vehicle Speed: Recorded at regular intervals, showing exactly how fast the truck was traveling before and during a crash
• Brake Application: When brakes were applied, how hard, and whether there was any delay
• Throttle Position: Whether the driver was accelerating, coasting, or decelerating
• Engine RPM and Cruise Control Status: Showing whether speed-management systems were engaged
• Hard Braking Events: Triggered by sudden deceleration, capturing detailed data in the seconds surrounding an impact

This data is objective. It doesn't forget details, and it can't be influenced by adrenaline or self-interest. When a truck driver claims they were obeying the speed limit, the black box can confirm or contradict that story with second-by-second precision.

There's a catch, though. Black box data is not stored permanently. Depending on the system, the information can be overwritten in as little as 30 days once the truck goes back into service. That's why acting quickly after a truck crash is so critical. An attorney can send a preservation letter to the trucking company, creating a legal obligation to protect the electronic data before it disappears. If the company fails to preserve the data after receiving notice, courts may treat that failure as spoliation of evidence, which can result in serious legal consequences.

Beyond speed data, the ECM can also reveal whether a speed governor was programmed, what it was set to, and whether the settings were changed. If the black box shows the truck was governed at 65 mph but was traveling at 78 mph at the time of the crash, that discrepancy becomes powerful evidence of tampering.

Governor Tampering and Punitive Damages

Here is where the FMCSA speed limiter rule 2025 debate connects directly to courtroom strategy. Governor tampering liability is a growing area of focus in truck crash litigation. When a trucking company installs a speed governor as part of its internal safety policy and then allows that governor to be disabled or overridden, the company may also face claims involving trucking regulations (FMCSA) violations because it created a paper trail of its own safety standards and then failed to follow them.

That kind of conduct, deliberately removing a safety device that was in place to protect the public, can support a claim for punitive damages. Punitive damages are not about compensating the victim for medical bills or lost wages. They are designed to punish especially reckless behavior and discourage the same conduct in the future.

Courts generally require clear and convincing evidence that the defendant acted with a conscious disregard for the safety of others. Governor tampering can meet that standard because it shows:

• The Company Knew the Risk: By installing the governor in the first place, the company acknowledged that limiting speed reduces crash severity.
• The Company Chose to Remove the Protection: Disabling or overriding the governor was a deliberate decision, not an accident.
• The Decision Put the Public at Risk: A truck traveling well above its governed speed poses a significantly greater danger of truck accident to everyone on the road.

ECM data is often the key to proving this chain of events. A forensic download of the truck's computer can show the programmed speed cap, actual operating speeds, and any changes to the ECU settings. Combined with the company's internal safety policies, driver training records, and maintenance logs, this evidence can build a compelling case for punitive damages.

How Fault Rules Differ in Missouri and Kansas

Because Kansas City sits on the Missouri-Kansas state line, the location of the crash determines which state's fault laws apply. This distinction matters significantly in truck accident cases.

• Missouri follows a pure comparative fault system under RSMo § 537.765. Under this rule, an injured person can recover damages even if they are found partially at fault. The compensation is simply reduced by the victim's percentage of responsibility. Even someone found 70% at fault can still recover 30% of their damages. There is no threshold that completely bars recovery.
• Kansas follows a modified comparative fault rule under K.S.A. § 60-258a. Under this system, an injured person can recover damages only if their share of fault is less than 50%. If a jury finds the victim 50% or more at fault, recovery is completely barred.

This difference is critical in trucking cases where insurance companies routinely try to shift blame onto the injured driver. In a Missouri crash, even if the insurer convinces a jury that you were partially responsible, you can still recover meaningful compensation. In a Kansas crash, the same argument could eliminate your recovery entirely if it pushes your fault percentage to 50% or above.

Strong evidence of the truck driver's speed, hours-of-service violations, or governor tampering helps minimize the victim's assigned fault and keeps the focus where it belongs: on the trucking company's negligence.

What to Do After a Truck Crash in the Kansas City Area

If you or someone you love has been injured in a crash involving a commercial truck, the steps you take in the first few days and weeks can shape the entire outcome of your case. Once you've received medical attention and are back home recovering, consider the following:

• Document Everything: Write down everything you remember about the crash while it's still fresh. Save all medical records, bills, and correspondence with insurance companies.
• Do Not Give Recorded Statements: Insurance adjusters for trucking companies are trained to ask questions designed to shift blame. Politely decline to give a recorded statement until you have legal representation.
• Request the Preservation of Evidence: A lawyer can send a formal preservation letter to the trucking company, requiring them to protect the black box data, driver logs, maintenance records, and other critical evidence.
• Identify All Potentially Liable Parties: In a trucking case, negligence and liability in truck accidents may extend beyond the driver to include the carrier, the vehicle maintenance company, the cargo loader, or even the truck manufacturer.
• Understand Which State's Laws Apply: Whether your crash happened on the Missouri side or the Kansas side of the metro affects your legal rights in meaningful ways.

Acting quickly is especially important when it comes to black box data. Once the truck is repaired or returned to service, the electronic records that could prove the driver was speeding or that the governor was tampered with may be permanently lost.

FAQs about the FMCSA Speed Limiter Rule 2025

Here are answers to some of the most common questions about speed limiters, trucking regulations in Kansas City and nationally, and how they affect injury claims.

Are semi-trucks required to have speed limiters in 2025?

No. As of July 2025, there is no federal law requiring speed limiters on commercial trucks. The FMCSA and NHTSA formally withdrew their proposed mandate. However, many large trucking fleets still voluntarily use speed governors on their vehicles for safety and cost savings.

What is a truck's "black box" and what does it record?

A truck's black box is an electronic control module (ECM) equipped with an event data recorder (EDR). It records data such as vehicle speed, brake application, throttle position, engine RPM, and hard braking events. This information can be critical evidence in a truck crash case.

How long is black box data stored?

It varies by manufacturer and system settings, but in many cases, black box data can be overwritten in as little as 30 days. This is why sending a preservation letter to the trucking company as soon as possible after a crash is so important.

Can a trucking company be held liable for disabling a speed governor?

If a trucking company installed a speed governor as part of its safety program and then allowed it to be disabled or tampered with, that conduct can strengthen a negligence claim. In some cases, it may support a claim for punitive damages based on reckless disregard for public safety.

What is the difference between negligence and negligence per se in a trucking case?

Negligence means a driver or company failed to use reasonable care. Negligence per se applies when a party violated a specific law or regulation, such as federal motor carrier safety regulations governing speed, hours of service, or vehicle maintenance. A violation of these rules can serve as automatic evidence of negligence in many jurisdictions.

Does it matter whether my crash happened in Missouri or Kansas?

Yes. Missouri follows a pure comparative fault system, meaning you can recover damages even if you share significant responsibility for the crash. Kansas uses a modified comparative fault rule that bars recovery entirely if you are found 50% or more at fault. The location of your crash determines which state's laws apply.

How can I find out if a truck's speed governor was tampered with?

A forensic download of the truck's ECM can reveal the programmed speed cap, actual operating speeds, and any changes to the ECU settings. An experienced truck accident attorney can arrange for this data to be preserved and analyzed as part of the investigation.

Talk to Our Team About Your Truck Accident Case

Truck crashes caused by speeding are among the most devastating collisions on our roads. When a trucking company had the technology to prevent those speeds and chose not to use it, or worse, deliberately disabled it, that company should be held accountable.

At DM Injury Law, we focus on specific aspects of personal injury cases just like these. From preserving black box data in the first days after a crash to building a case for punitive damages at trial, we bring the resources and attention needed to take on large trucking companies and their insurers.

With offices in Kansas City, St. Louis, Topeka, and Columbia, we represent clients on both sides of the state line and across the Midwest. If you or someone in your family was hurt in a truck accident, we can review your case during a free consultation and explain your options. Contact us today to get started.

Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.