How to Prove the Other Driver Was Distracted in Missouri

Distracted driving is a growing problem on Missouri roads. With the widespread use of smartphones and other technology in vehicles, more and more drivers are taking their eyes—and attention—off the road. If you were involved in a car accident and believe the other driver was distracted, proving that fact is essential for recovering full compensation.

Missouri law allows injury victims to hold distracted drivers accountable, but you’ll need evidence to support your claim. In this article, we’ll explain how to prove the other driver was distracted in Missouri, what types of evidence are most effective, and how a personal injury attorney can help build your case.

What Counts as Distracted Driving in Missouri?

Under Missouri law, distracted driving includes any activity that takes a driver’s attention away from driving safely. Distractions fall into three categories:

• Visual: Taking your eyes off the road (e.g., looking at a phone or map)
• Manual: Taking your hands off the wheel (e.g., eating, texting)
• Cognitive: Taking your mind off driving (e.g., daydreaming or talking)

Common examples include:

• Texting or scrolling on a phone
• Using GPS or in-car apps
• Eating or drinking
• Talking to passengers
• Grooming or applying makeup

Since August 2023, Missouri has enforced the Siddens Bening Hands-Free Law, which bans all handheld phone use while driving. This law strengthens the argument of negligence if a driver causes an accident while using their phone or similar devices.

Why Proving Distraction Matters

Missouri follows a pure comparative fault system. That means if the other driver was 100% at fault, they’re responsible for 100% of your damages. But if fault is shared, your compensation is reduced by your percentage of fault.

Proving the other driver was distracted can:

• Reduce or eliminate your share of the blame
• Strengthen your case for full compensation
• Help justify higher damages for negligence

In short, proving distraction helps you win your case—and maximize your recovery.

Types of Evidence That Help Prove Distraction

To prove the other driver was distracted, you’ll need more than just a suspicion. Here’s the kind of evidence that can support your claim in a Missouri car accident case:

1. Cell Phone Records

If you suspect the driver was texting or calling at the time of the accident, your attorney can subpoena their phone records. These logs can show:

• Incoming or outgoing calls
• Text message timestamps
• App usage history

Cell phone companies may not release this data without a court order, so legal representation is key.

2. Witness Statements

Eyewitnesses often see things the police miss. For example:

• A bystander may have seen the driver holding a phone
• A passenger might admit the driver was eating or distracted

Always gather witness names and contact info at the scene if you’re able.

3. Police Report

If the responding officer suspected distraction, the report may include:

• Citations for cellphone use or other infractions
• Notes about the driver’s behavior or statements
• Observations about the vehicle (e.g., phone on the seat)

Request a copy of the police report as soon as it’s available.

4. Dashcam or Surveillance Footage

Video can be powerful proof. Dashcams or nearby surveillance cameras may show:

• The driver looking down or away from the road
• The driver holding a phone, eating, or reaching for something
• The events leading up to the crash

Be sure to act quickly—some video systems automatically delete footage after a few days.

5. Accident Reconstruction

When evidence is unclear, accident reconstruction experts can analyze:

• Brake patterns
• Speed and angle of impact
• Driver response time

These analyses may indicate that the driver failed to react appropriately, suggesting inattention or distraction.

6. Social Media or App Data

In some cases, drivers post on social media while behind the wheel. A timestamped post, photo, or check-in might show they were distracted at the time of the crash.

Attorneys may also use app data to show usage during the crash—for example, using TikTok, Google Maps, or Snapchat.

Steps You Should Take to Preserve Evidence

If you’ve been in an accident and suspect the other driver was distracted, follow these steps to protect your claim:

1. Call 911 and Request a Police Report
   – Tell the officer if you noticed any suspicious behavior, like phone use.
2. Document the Scene
   – Take photos of the other driver’s vehicle, their phone, food wrappers, or anything unusual.
3. Get Witness Contact Info
   – Even a brief statement can help support your case later.
4. Avoid Speaking to the Other Driver’s Insurance Company
   – They may try to downplay or shift blame. Let your attorney handle it.
5. Consult a Missouri Personal Injury Attorney
   – An experienced lawyer can issue subpoenas, preserve evidence, and build your case.

Why Legal Help Is Crucial

Proving distraction isn’t always easy. Drivers often deny they were using their phones or being careless. A personal injury attorney can:

• Investigate and collect all relevant evidence
• Subpoena phone records or video footage
• Work with expert witnesses to reconstruct the crash
• Argue your case effectively to the insurance company or in court

Distracted driving is preventable—but when it leads to an accident, the consequences can be life-changing. If you’ve been injured in a crash and believe distraction played a role, don’t wait to take action.

Proving the other driver was distracted can make all the difference in your case. With the right evidence and legal strategy, you can hold them accountable—and secure the compensation you need to move forward.

If you or someone you know has been in a car accident caused by distracted driving, Aramjoo Law Firm is here to serve you. Contact us today at (816) 479-5898 or online to schedule your free consultation.