Distracted Driving Accidents: Missouri Laws and Liability

Distracted driving is a growing concern in Missouri and across the United States. It is one of the leading causes of car accidents, resulting in injuries, fatalities, and significant economic costs. This article delves into Missouri’s distracted driving laws, the liability associated with such accidents, and how victims can seek justice.

The Impact of Distracted Driving in Missouri

Distracted driving has devastating consequences. Between 2019 and 2023, more than 400 fatalities were attributed to distracted driving in Missouri. In 2023 alone, there were 106 distracted driving deaths in the state, and the majority (52%) of those who were killed were someone other than the distracted driver.

These statistics from the Missouri Department of Transportation show that distracted driving is still unfortunately common in the state. Despite the introduction of laws aiming to improve safety, many negligent drivers still ply our roads, posing great risk to other motorists.

Types of Distracted Driving

There are three main types of distractions: visual, manual, and cognitive.

• Visual distraction: These are things or activities that take your eyes off the road, like looking at a phone or staring at something on the roadside.
• Manual: These distractions require you to remove your hands from the wheel. Examples are eating, adjusting GPS, fiddling with devices, and applying makeup.
• Cognitive: With these distractions, you lose mental focus, for example due to daydreaming or intense conversations with passengers.

Even brief lapses in attention can lead to devastating consequences. They can take away precious seconds of braking time, divert your attention from crucial traffic signals, and drastically reduce your situational awareness. Avoiding these behaviors is essential for safer roads.

Missouri’s Hands-Free Law: Key Details

The Siddens-Benning Hands-Free Law took effect in Missouri on August 28, 2023. This legislation bans all drivers from using handheld electronic devices while operating a vehicle on public roads or highways. Prohibited activities include texting, making calls, recording videos, and using social media platforms. This law was introduced to combat distracted driving’s alarming role in accidents.

Outlined in the Revised Statutes of Missouri section 304.822, the Hands-Free Law empowers law enforcement to address distracted driving more effectively. By adopting hands-free technology and adhering to these regulations, drivers can contribute to safer roads.

What Is Allowed Under the Hands-Free Law?

While handheld device usage is restricted, drivers can still use their phones in specific ways under the law:

• Making or receiving calls via hands-free systems like Bluetooth
• Sending or receiving texts through voice-to-text features
• Listening to audio from GPS navigation tools
• Playing music or podcasts.

These exceptions allow drivers to stay connected without compromising road safety.

Exceptions to Missouri’s Hands-Free Law

Missouri’s law includes several exceptions for specific situations:

• Emergency reporting: Drivers can use handheld devices to report accidents, medical emergencies, or criminal activities.
• Law enforcement and emergency personnel: Police officers, firefighters, and other responders are exempt when performing official duties.
• Emergency vehicle operators: Ambulance and fire truck operators can use devices as required by their roles.
• Stopped vehicles: Drivers parked or stopped at red lights are not subject to the restrictions.
• Commercial drivers: Federal regulations may permit limited device use for job-related purposes.

These allowances ensure the law balances practicality with safety.

Enforcement Timeline and Adjustments

Although the law became effective in August 2023, enforcement began on January 1, 2025. This grace period gave drivers time to adapt while public education campaigns emphasize the law’s importance.

Penalties for Distracted Driving in Missouri

Missouri enforces penalties for distracted driving violations:

• First conviction within two years: Fine of up to $150.
• Second conviction in two years: Fine of up to a $250
• Third or more conviction in two years: Fine of up to a $500
• Violation in a school or work zone: Fine of up to $500
• Violation causes a serious injury: Jail for up to six months and/or fine of up to $1,000
• Violation causes a fatality: Prison for up to seven years.

Beyond fines, distracted drivers may face civil liability if they cause an accident. Victims can seek compensation for medical bills, property damage, lost wages, and emotional distress.

Proving Negligence In a Distracted Driving Accident in MO

If you’ve been injured by a distracted driver in Missouri, you may file a personal injury lawsuit to recover damages for medical costs, lost income, property repair expenses, and emotional suffering. To succeed in court:

• Show that the driver’s distraction caused the accident
• Provide evidence such as eyewitness accounts, surveillance footage, police reports, accident reconstructions, or phone records.

It’s best to work with an experienced injury lawyer to build a strong claim. Your attorney should have a track record in successfully handling vehicle accident claims, and the resources to obtain compelling evidence to support your case.

Challenges in Proving Distracted Driving in Your Claim

It can be challenging to prove that a driver was distracted when the accident occurred. Drivers may deny their distraction or hide evidence. Personal injury attorneys often bolster claims with evidence such as:

• Eyewitness testimony
• Surveillance footage
• Phone records showing recent activity
• Accident scene investigations.

Experienced lawyers can collect evidence and build strong cases by interviewing witnesses or analyzing crash scenes. With proper legal representation, victims can hold negligent drivers accountable and secure fair compensation.

Your Case Matters. Your Recovery Matters. Let Shea Kohl Help You Reclaim Your Peace of Mind. Call now!

Distracted driving accidents can leave you with mounting medical bills, lost wages, and emotional trauma. Missouri’s laws are designed to protect victims like you, but navigating the legal system can be overwhelming without the right guidance. At Shea Kohl Law, our experienced attorneys have over 100 years of combined legal experience to help you secure the compensation you deserve.

Don’t let a distracted driver’s negligence derail your life. Contact Shea Kohl Law today for a FREE consultation and let us provide you with straightforward advice and aggressive representation. Call (636) 946-9999 or visit us at our St. Charles office to get started on your path to justice.