A distracted driver chose to look at their phone. You didn't choose to be hit. Missouri law gives you the right to hold them accountable — and Bur Oak Injury Law knows exactly how to build that case, from subpoenaing cell phone records to preserving dashcam footage before it disappears.
(573) 499-0200 — free consultationDistracted driving is one of the most preventable causes of serious injury on Missouri roads — and one of the most difficult for insurance companies to deny when the evidence is properly gathered. Cell phone records don't lie. At the moment of impact, the data shows whether a driver was calling, texting, scrolling social media, or using an app. That record is subpoenaable, and it is often decisive.
Missouri's Siddens Bening Hands-Free Law, now codified at RSMo §304.822, makes clear that all drivers — regardless of age — are prohibited from holding or using a handheld device while behind the wheel. A driver who violated this law when they hit you has committed negligence per se. That's a powerful starting point for a personal injury claim.
Chris Miller represents distracted driving accident victims across central Missouri. Call (573) 499-0200 or contact us online for a free consultation — no obligation, no fee unless we win.
Distracted driving is not a fringe problem — it kills thousands of people every year, and Missouri drivers are not immune. Understanding the scale helps explain why insurers fight these claims so hard, and why having strong evidence is everything.
Sources: NHTSA Distracted Driving · RSMo §304.822
Distraction comes in three forms: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off the task). The most dangerous distractions involve all three simultaneously. Any of these can form the basis of a negligence claim.
Texting is the most dangerous form of distraction — it takes eyes off the road for an average of five seconds. Under RSMo §304.822, all handheld device use while driving is prohibited. A citation or cell phone records showing activity at the moment of impact is powerful evidence of negligence.
Reaching for food or a beverage takes at least one hand off the wheel and typically pulls attention away from the road. Drivers who eat while driving are significantly more likely to be involved in a collision — and this behavior, while legal, still constitutes negligence when it causes a crash.
Adjusting GPS navigation, changing radio stations, or interacting with a touchscreen infotainment system creates significant visual and manual distraction. Modern vehicles pack screens with extensive features — and drivers who program destinations or scroll playlists at speed are gambling with others' lives.
Intense or emotionally charged conversations — whether with passengers, on a hands-free call, or by voice-to-text — divide a driver's cognitive attention. A driver deep in an argument or an upsetting phone call may be physically looking at the road while mentally absent from driving.
Using a device or a vehicle screen to read work communications, messages, or documents while moving combines visual and cognitive distraction at their worst. This behavior often reflects a driver's choice to prioritize productivity over the safety of everyone around them.
Mental distraction is the most common form of distracted driving — a driver whose mind wanders from the task of driving is cognitively impaired even without a device in hand. While harder to prove, the vehicle's event data recorder, lack of braking evidence, and witness accounts can establish that a driver simply wasn't paying attention.
Evidence in distracted driving cases disappears fast. Cell carriers delete records. Dashcam footage overwrites. Surveillance video gets erased. The moment you call us, we begin preserving every piece of evidence that proves what happened.
Missouri's Siddens Bening Hands-Free Law, effective August 28, 2023, fundamentally changed the legal landscape for distracted driving accident claims in the state. Under RSMo §304.822, all Missouri drivers — regardless of age — are prohibited from holding or using a handheld electronic communication device while operating a motor vehicle. Enforcement through traffic citations began January 1, 2025. Before this law, Missouri was one of only a few states without a complete ban on texting for adult drivers. Now, a driver who was using a handheld phone at the time of your crash was violating a specific Missouri statute — and that statutory violation is evidence of negligence per se. Cell phone carrier records showing calls, texts, or app activity at the exact time of the accident can corroborate that violation and significantly strengthen your claim for compensation.
Missouri follows a pure comparative fault system under §537.765 RSMo, which means that even if you were partially responsible for the accident, you can still recover compensation — your damages are simply reduced by your percentage of fault. Insurance adjusters know this and will often exaggerate your share of fault to minimize their payout. An experienced car accident attorney can counter those arguments with evidence. The statute of limitations under §516.120 RSMo gives most personal injury victims five years from the date of the crash to file a lawsuit, and wrongful death claims must be filed within three years. Despite that window, acting quickly is critical — the most valuable evidence in distracted driving cases is also the most perishable. After any accident involving a potentially distracted driver, call police, seek medical treatment immediately, and contact a lawyer before evidence begins to disappear.
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No fee unless we win. Serving clients across Columbia, MO and central Missouri.