Distracted driving is a dangerous epidemic on Americaโs roadsโand Missouri is no exception.
With more distractions than ever competing for a driverโs attentionโfrom smartphones and GPS systems to fast food and fatigueโmany motorists fail to give the road their full focus. The consequences can be devastating, both physically and legally.
In this article, we explore what qualifies as distracted driving under Missouri law, the types of distractions that lead to crashes, and most importantly, the legal consequences drivers may face if they cause an accident due to distraction.
What Is Distracted Driving?
Distracted driving refers to any activity that takes a driverโs attention away from the task of driving. It is often divided into three categories:
- Visual Distraction โ Taking your eyes off the road
- Manual Distraction โ Taking your hands off the wheel
- Cognitive Distraction โ Taking your mind off driving
Examples include:
- Texting or checking email
- Eating or drinking
- Adjusting the radio or GPS
- Talking to passengers
- Reaching for an object
The most dangerous distractions often involve a combination of all three categoriesโlike texting while driving, which requires looking at a screen, using your hands, and mentally processing a message.
Missouriโs Distracted Driving Laws
Missouriโs laws on distracted driving are more limited than many other states, but they are changing rapidly in response to public safety concerns.
Current Law
Missouri enacted the Siddens Bening Hands-Free Law, which prohibits all drivers from manually using cell phones while driving. This new law replaced the older rule that only restricted texting for drivers under 21.
Under the Siddens Bening Hands-Free Law, drivers are not allowed to:
- Hold a cell phone while driving
- Send, read, or write text messages
- Browse the internet or watch videos
- Engage in video calls or use social media apps
Exceptions include:
- Hands-free device usage (Bluetooth, dashboard mounts)
- Voice-to-text functions
- Emergency communication with law enforcement or emergency services
Violations can result in fines and, more seriously, increased liability if the driver causes an accident.
Legal Consequences of Distracted Driving in Missouri
When a driver causes a car crash due to distracted driving, the consequences go far beyond a traffic ticket. Here’s a breakdown of the potential legal fallout.
- Traffic Violations and Fines
Distracted driving is a moving violation. If you are caught holding a phone or texting behind the wheel:
- First offenses can result in fines up to $150
- Repeat offenses or violations in construction/school zones may lead to higher fines or points on your license
Accumulating points can lead to license suspension and higher insurance premiums.
- Civil Liability in an Accident
If a distracted driver causes a collision, they can be held civilly liable for any injuries or property damage. That means:
- Victims can file a personal injury claim
- The driver (and their insurer) may have to pay for medical bills, lost wages, pain and suffering, and other damages
Distracted driving is a clear example of negligence under Missouri law. If proven, it greatly strengthens the injured partyโs case.
Missouri uses a pure comparative fault system, meaning a driverโs share of fault reduces their ability to recover damages. But if you’re found entirely at fault due to distraction, you may be responsible for 100% of the resulting costs.
- Punitive Damages
In some cases, distracted driving can be so reckless that it qualifies for punitive damagesโa type of financial penalty meant to punish the driver and deter future misconduct.
For example, if someone was livestreaming or watching a video while driving, and seriously injured someone, a judge or jury might award punitive damages in addition to standard compensation.
- Criminal Charges
When distracted driving results in serious injury or death, the driver may face criminal charges, such as:
- Involuntary manslaughter
- Assault in the second degree
- Reckless driving
These charges carry significant consequences:
- Jail time
- Probation
- Permanent criminal record
- Loss of driving privileges
Prosecutors will look at whether the distraction showed a disregard for human lifeโsuch as reading a text at highway speeds or driving through a school zone while using a phone.
How Do You Prove Distracted Driving?
In personal injury cases, proving the other driver was distracted is key to recovering damages. Lawyers may use evidence such as:
- Cell phone records
- Dashcam or surveillance video
- Police reports
- Witness statements
- Accident reconstruction experts
This is why it’s crucial for accident victims to speak with a personal injury attorney quicklyโevidence disappears fast, and legal support can help preserve your claim.
What to Do If Youโre Injured by a Distracted Driver
If youโve been hurt in a car crash and suspect the other driver was distracted, take the following steps:
- Call 911 and report the accident
- Document the scene โ take photos, get witness info
- Seek medical attention, even if injuries seem minor
- Donโt speak to the other driverโs insurance adjuster without legal advice
- Contact a personal injury lawyer experienced in distracted driving claims
Distracted driving in Missouri carries serious legal consequencesโespecially now that hands-free laws are in effect statewide.
But beyond the fines and traffic tickets, itโs the human cost that matters most: injuries, trauma, and lives lost.
If youโve been hurt due to someone elseโs distraction behind the wheel, donโt face the aftermath alone. Aramjoo Law Firm is here to serve you. Contact us today at (816) 479-5898 or online to schedule your free consultation.