When a distracted driver was texting at the moment of impact, proving it requires more than their word — or their denial. Chris Miller at Bur Oak Injury Law subpoenas cell phone records, applies Missouri's Siddens Bening Hands-Free Law, and builds the digital evidence trail that makes these car accident cases winnable. No fee unless we win.
Distracted driving crashes involving cell phone use are more complex than typical car accident claims. Proving the other driver was texting at the moment of impact demands specific evidence collection, knowledge of Missouri's hands-free driving law, and experience countering insurance company tactics designed to deny liability before you even file a claim. The National Highway Traffic Safety Administration consistently identifies distracted driving as a leading cause of preventable crashes — yet insurance companies routinely deny it was a factor.
Missouri's hands-free law, effective August 28, 2023, prohibits physically holding or using a cell phone while driving. A violation is negligence per se — the statutory breach itself proves the driver failed their duty of care, giving victims a powerful legal advantage that fundamentally strengthens distracted driving claims.
Call and text logs can timestamp exactly when a message was sent or received. App usage metadata shows when a screen was active and what was running. We move quickly to subpoena these records before carriers purge them — because once they're gone, they're gone permanently.
Modern vehicles contain computers — often called "black boxes" — that record speed, braking, throttle position, and airbag deployment for several seconds before impact. This objective data often directly contradicts what the distracted driver claims happened in the moments before the crash.
Adjusters routinely deny that distracted driving caused the crash, attribute blame to the victim, and offer quick low settlements before full injuries are known. An attorney who understands how these tactics work — from the inside — knows exactly how to counter them and protect your claim's full value.
Under Missouri's pure comparative fault law, you can recover compensation even if you share partial blame for the accident. Your damages are reduced by your percentage of fault — but you are not shut out of recovery. We build the record that minimizes your assigned fault.
Cell records get purged. Surveillance footage gets overwritten. The Event Data Recorder can be lost if a vehicle is totaled quickly. Missouri law gives you five years to file a personal injury claim — but the most critical evidence needs to be preserved within days of the crash, not months later.
Before representing injured Missourians in court, Chris Miller served as a government attorney for the State of Missouri. He knows how insurance companies and state agencies evaluate injury claims — because he administered that system from the inside. That experience translates directly to stronger demand packages, sharper counter-arguments, and better outcomes for clients.
At Bur Oak Injury Law, your case stays with Chris from the first call to the final outcome. No handoffs to associates or paralegals. When you call, you reach the attorney who will handle your case through every step.
Missouri joined the majority of states in restricting handheld cell phone use while driving when the Siddens Bening Hands-Free Law took effect on August 28, 2023. For accident victims, this law is more than a traffic regulation — it is a legal tool that can fundamentally change the strength of your case. The law also applies to teen drivers, who are statistically far more likely to be using a phone at the time of a crash.
A successful distracted driving claim requires gathering and preserving specific types of digital and physical evidence quickly. We take immediate action to secure evidence before it disappears — often within the first 24–48 hours after being retained.
From the first call to the final settlement check, Bur Oak Injury Law manages every aspect of your distracted driving claim — so you can focus on healing while we build the case.
Missouri's Siddens Bening Hands-Free Law fundamentally changed distracted driving cases across the state. When we establish that the at-fault driver was holding or using a cell phone in violation of this statute, Missouri courts can treat it as negligence per se — meaning the statutory violation itself proves the driver breached their duty of care. This significantly strengthens your personal injury claim without requiring a separate argument about whether the driver was being careless. Combined with subpoenaed cell phone records, Event Data Recorder analysis, and accident reconstruction expert testimony, the Siddens Bening violation gives distracted driving victims in central Missouri a powerful legal advantage that simply did not exist before August 2023. Many of these crashes are the same type of collision as a rear-end accident — a driver looking at their phone never brakes before impact.
Missouri's pure comparative fault system means an injured victim can still recover compensation even if they share some responsibility for the accident — your award is reduced proportionally by your percentage of fault, but you are not shut out of recovery entirely. All recoverable damages are available: medical expenses and ongoing treatment costs, lost wages and diminished earning capacity, pain and suffering, emotional distress, and property damage. In wrongful death cases, families can recover funeral costs, loss of financial support, and loss of companionship. If the distracted driver had no coverage, your own uninsured motorist policy may apply. The five-year statute of limitations under Chapter 516 RSMo provides time to build a complete case — but the most critical digital evidence disappears within days to weeks of the crash. Contacting Bur Oak Injury Law immediately gives your case the best possible foundation.
No fee unless we win. Serving clients across Columbia, MO and central Missouri.