Ryan Bradley | July 31, 2025 | Car Accident
Key Takeaways:
- Not all distractions leave evidence. Texting or using the phone creates digital proof, but eating or adjusting the radio doesn’t. This makes some distracted driving accident cases challenging to win without witnesses.
- Missouri’s new hands-free law. Since August 2023, the hands-free law has made it easier to get justice in claims involving phone violations.
- Insurance companies exploit gaps in evidence. Insurers may try to reduce your claim or put the blame on you, especially if you can’t prove the other driver was distracted.
We’ve all done it, whether it’s glancing at the GPS for a little too long or adjusting the radio when we should be paying attention to traffic. But when a distraction leads to an accident, victims face a harsh reality: proving the other driver was distracted is not as easy as proving they were drunk or speeding.
The courts want concrete evidence, not your thoughts about the other driver using their phone. And insurance companies want to pay as little as possible, however they can achieve it. Our guide reveals exactly how distraction impacts your claim and what proof actually works in court.
What Counts as Distracted Driving?
Missouri law defines driver distraction as any activity that takes attention away from the road. This could be visual (eyes off the road), manual (hands off the wheel), or cognitive (mind off driving). Here’s what the courts generally consider distracted driving behaviors:
- Texting, emailing, or web browsing
- Handheld phone conversations
- Programming the GPS while driving
- Watching videos or taking photos
- Eating and drinkingAdjusting the stereo
- Dealing with passengers or pets
- Reaching for dropped items
Unfortunately, just because you know the other driver was distracted doesn’t mean you have a strong case. Phone use leaves a digital trail, but that breakfast sandwich or reaching for an item that dropped under the seat? Almost impossible to prove.
Why Distracted Driving Accidents Are Tough to Prove
Proving distracted driving is much more tricky than proving drunk driving (with breathalyzer results) or speeding (with violations caught on the radar). Evidence often disappears as soon as the crash happens, leaving victims to fight an uphill battle that may be impossible to win without an experienced St. Louis attorney who understands distracted driving accident claims. Here’s why such cases are challenging:
- Phone records require legal help. Getting cell phone data typically means subpoenas and court orders. Even then, records only show whether calls were made and texts sent; they don’t show GPS checks and other actions.
- Witnesses blink and miss it. Most crashes happen in a split second. By the time witnesses look up from their own driving, the phone’s already back in the cupholder.
- Admissions are retracted. That “Sorry, I was changing the radio” in the minutes after the crash? Without you recording it or getting it in writing, the other driver will later claim they never said it. And then their word stands against yours.
- Tech evidence can be hit or miss. Dashboard cameras and traffic cams might catch the distraction, or they may just hint at it. But Missouri courts want clear proof, not just grainy footage that could be interpreted either way.
What Missouri’s New Hands-Free Law Means for You
Proving someone was on their phone used to be challenging and could involve long legal battles and months of waiting for phone records. Missouri’s new Siddens Bening Hands Free Law has made it easier for victims to get justice. While it doesn’t eliminate the need for evidence, it makes physically holding or using a phone while driving a citable offense. Active since 2023, the law only took full effect on January 1, 2025. Here’s what to know:
- What’s now illegal: Under the new law, holding or supporting a phone with any part of your body while driving is illegal. This includes texting, scrolling, and holding your phone for GPS navigation.
- Their citation works to your advantage: When police cite the other driver for violating the hands-free law, you have proof of negligence. The violation becomes part of the official accident report.
- Secondary enforcement only: Unfortunately, police can’t pull someone over just for phone use. They need another violation first, like speeding or running a red light. However, when an accident happens, that visible phone use will be documented immediately.
- Early results show it works: AAA’s data shows Missouri’s hands-free law prevented over 1,000 crashes in its first year, cutting distracted driving by 5.1%. That’s an estimated 660 injuries avoided, five lives saved, and $22 million in damages that never happened.
Why You Need a Distracted Driving Accident Lawyer Now (Not Later)
Evidence in distracted driving cases is hard to come by and has a short shelf life. Security footage or traffic camera footage gets overwritten in just a short few weeks. Witnesses may forget crucial details. Phone companies delete data. That’s why you need to act immediately, especially if you suffered significant injuries and high damages.
A distracted driving accident lawyer moves fast where it counts. They’ll begin to work on your case right away, sending preservation letters to prevent evidence destruction, issuing subpoenas for phone records before carriers delete them, and taking witness statements while memories are fresh.
But here’s where having an experienced trial lawyer by your side really counts: when the insurance company wants to shortchange you. Insurers know which attorneys take a quick check and which fight tooth and nail for their clients, taking their personal injury cases to trial. The sooner you get legal help, the sooner you could recover what you deserve and start rebuilding your life.
Their Mistake Shouldn’t Cost You Everything – Bradley Law Fights for Victims of Distracted Drivers
Don’t let another driver’s few seconds of distraction leave you with years of bills and financial struggle. For over 20 years, Bradley Law has handled the complex evidence battles such accidents demand. We know Missouri’s traffic laws, including the new hands-free law, inside out and can use violations to strengthen your claim.
Let us handle the legal heavy lifting so you can focus on your health and recovery.
Contact us now to learn about your options and how we could help you maximize compensation.
FAQs
Can I get the other driver’s phone records?
Another driver’s phone records are only available through legal channels. This means your attorney must file a lawsuit and then subpoena the phone records from the carrier. This process can take several months, which is why promptly hiring a lawyer matters.
What if they claim I was distracted in the accident too?
Missouri uses comparative fault, meaning both drivers can share the blame. If they prove you were 20% responsible for the accident, your compensation typically drops by 20%. In practice, this means if you have $100,000 in damages, you could only recover $80,000 (80%).
This is why you should never admit to any distractions at the scene, even innocent ones like adjusting your radio, as this information could be used to minimize your compensation.
How long do I have to file a distracted driving accident lawsuit?
Generally, you have five years to file a lawsuit in Missouri, but there can be exceptions. For example, if your crash involves a government vehicle, you only have a few weeks to file a notice of claim. Missing a crucial filing deadline could bar you from recovering compensation, so make sure to get legal advice soon after your crash.