Distracted driving is one of the leading causes of serious accidents on Missouri roads. Every glance at a phone, every text message, every moment spent adjusting a navigation app takes a driver’s attention away from the task of driving — and at highway speeds, even a few seconds of inattention can produce catastrophic consequences.

If you have been injured by a distracted driver in Missouri, you may have a strong case for compensation. Distracted driving is negligence, and Missouri law provides clear legal grounds for pursuing damages against drivers whose inattention causes injury. The challenge is proving distraction — a task that requires specific evidence and careful investigation.

At Rogers Sevastianos & Bante LLP, we represent injured victims throughout St. Louis, St. Louis County, and the surrounding Missouri region in cases involving distracted driving crashes. Here is what Missouri law says about distracted driving, how liability is established, and what to do if you have been injured.

What Counts as Distracted Driving in Missouri?

Distracted driving is any activity that diverts a driver’s attention from the safe operation of the vehicle. The National Highway Traffic Safety Administration categorizes distractions into three types:

Visual distractions take the driver’s eyes off the road. Examples include looking at a phone screen, reading a text message, checking a navigation app, or looking at something outside the vehicle.

Manual distractions take the driver’s hands off the wheel. Examples include eating, drinking, reaching for objects, and manipulating a phone or other device.

Cognitive distractions take the driver’s mind off driving. Examples include intense conversations, emotional stress, and being lost in thought.

The most dangerous distractions involve all three at once. Texting while driving is the classic example: it takes eyes off the road, hands off the wheel, and mental focus off driving simultaneously.

Missouri’s Distracted Driving Laws

Missouri law addresses distracted driving through several statutes and regulations. In 2023, Missouri enacted the Siddens Bening Hands-Free Law, which prohibits drivers from physically holding or supporting a wireless communication device while operating a vehicle. The law took effect August 28, 2023, and became fully enforceable in 2025.

Under the hands-free law, drivers cannot:

• Hold or support a phone or other communication device with any part of their body
• Write, send, or read messages while driving
• Watch videos while driving
• Record videos while driving
• Reach for a device in a manner that requires the driver to no longer be in a seated driving position

The law includes exceptions for hands-free use, emergency communications, and certain professional drivers.

Missouri law also generally prohibits any driving that is careless, imprudent, or without regard for the safety of persons or property, under RSMo § 304.012. A distracted driver who causes an accident can be held civilly liable regardless of whether the specific distraction is separately prohibited by statute.

How Liability Is Established in a Missouri Distracted Driving Case

To recover damages in a Missouri distracted driving case, an injured victim must prove the elements of negligence:

• The distracted driver owed a duty of care to other people on the road
• The driver breached that duty through distracted driving
• The breach caused the accident and the resulting injuries
• The injured victim suffered actual damages

The duty of care and the damages elements are typically straightforward. The contested issues are usually whether the driver was actually distracted and whether the distraction caused the crash.

What Evidence Proves Distraction?

Proving distraction requires specific evidence, much of which must be preserved quickly before it disappears. Common categories of evidence include:

Cell phone records. Records from the driver’s cell phone carrier can show whether the phone was in use at the time of the crash — including calls made or received, texts sent, and data usage. These records are often the single most important piece of evidence in a distracted driving case.

Phone forensics. In some cases, a forensic examination of the phone itself can reveal what apps were open, what messages were being typed, and what the driver was actually doing at the moment of the crash.

Witness statements. Other drivers, passengers, and pedestrians who observed the distracted driver before the crash can provide direct evidence of distraction.

In-vehicle recordings. Newer vehicles often have cameras, event data recorders (EDRs), and telematics systems that can record driver behavior. Fleet vehicles frequently include dash cameras.

Traffic camera and surveillance footage. Cameras at intersections, businesses, and other locations can sometimes capture what the driver was doing.

Social media activity. Some distracted drivers post to social media in the moments before a crash. That activity can be preserved as evidence.

Police reports and citations. If law enforcement documented distraction at the scene or issued a citation for a violation of the hands-free law, that documentation is powerful evidence.

Much of this evidence disappears quickly. Cell phone records may only be retained for a limited period. Video footage is often overwritten on a regular schedule. Preservation letters and formal legal requests need to be sent quickly to lock in this evidence before it is lost.

How Missouri’s Comparative Fault Rule Applies

Missouri follows a pure comparative fault system. If the injured victim is found partially at fault for the crash, their recovery is reduced by that percentage.

In distracted driving cases, defense attorneys frequently attempt to shift fault to the injured victim. Expect arguments that the victim was speeding, following too closely, distracted themselves, or otherwise contributed to the crash. Even a small increase in the victim’s percentage of fault translates directly into a smaller recovery.

This is one of the reasons investigating and documenting fault carefully matters so much in these cases.

Common Injuries in Missouri Distracted Driving Accidents

Distracted driving crashes often involve high-speed impacts, rear-end collisions, and intersection accidents where one driver had no warning. Common injuries include:

• Traumatic brain injuries and concussions
• Neck and back injuries, including whiplash and disc herniations
• Spinal cord injuries
• Broken bones and orthopedic injuries
• Internal organ damage
• Facial injuries and lacerations
• Wrongful death in the most serious cases

Injuries from these crashes often produce long-term consequences, including ongoing medical treatment, lost earning capacity, and reduced quality of life.

Damages Available in a Missouri Distracted Driving Case

Injured victims of distracted driving crashes in Missouri may be entitled to a range of compensatory damages, including:

• Past and future medical expenses
• Lost wages and lost earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Property damage

In cases involving especially egregious conduct — for example, a driver who was streaming video, actively texting, or repeatedly distracted despite obvious risk — punitive damages may also be available under Missouri law.

Why Insurance Companies Fight Distracted Driving Cases

Insurance companies know that distracted driving cases can produce larger verdicts than routine car accidents, particularly when the distraction is clearly documented. Jurors tend to react strongly to evidence that a driver was texting or scrolling social media at the moment they injured someone.

For that reason, insurance defense strategies in these cases often focus on:

• Disputing whether the driver was actually distracted at the moment of the crash
• Arguing that the distraction did not cause the accident even if it occurred
• Shifting fault to the injured victim
• Offering low early settlements before the full extent of injuries is known
• Delaying the case to pressure injured victims into accepting less

Countering these tactics requires early investigation, careful preservation of evidence, and experienced legal representation.

Why Legal Guidance Matters in Missouri Distracted Driving Cases

Distracted driving cases turn on evidence that disappears quickly and that defense attorneys will work aggressively to keep out of the case. Building a strong case requires early intervention — often within days of the crash.

An experienced Missouri personal injury attorney can send preservation letters, obtain cell phone records, work with forensic experts to analyze phone data, gather witness statements, and build the case in a way that maximizes the value of the claim.

Represented claimants consistently recover more than those who handle these cases alone, particularly when distraction is at issue.

Speak With a St. Louis Personal Injury Attorney

If you have been injured by a distracted driver in Missouri, the personal injury attorneys at Rogers Sevastianos & Bante LLP are here to help. We represent injured victims throughout St. Louis and the surrounding Missouri region in serious motor vehicle cases, including those involving distracted driving.

Time matters. Evidence disappears quickly in distracted driving cases. Contact our office today for a free, confidential consultation.

Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.