Someone else’s decision to pick up their phone behind the wheel shouldn’t be your financial burden to carry. But that’s what you could be facing with mounting medical bills, missed wages, and a totaled car while the other driver’s insurance company is trying to minimize what they pay you. Bradley Law’s St. Louis distracted driving accident lawyers are here to make sure that you don’t settle for less.
We have recovered tens of millions of dollars for car and motorcycle accident victims across Missouri, including some of the state’s largest settlements on record. Let us put our experience and track record to work for you.
Injured in a distracted driving crash? Call us at (314) 400-0000 or contact us online for a free consultation.
Missouri’s Distracted Driving Laws — What Victims Need to Know
Missouri has some of the toughest distracted driving laws in the country. And they work in your favor when someone else’s distraction causes your crash. Here’s what you need to know.
What Is the Siddens Bening Hands-Free Law?
Before 2025, Missouri’s distracted driving law had a big loophole. Texting behind the wheel was only illegal if you were 21 or under. Any adult could do it freely, and if they caused a crash, the law offered victims little to work with.
The Siddens Bening Hands-Free Law (Mo. Rev. Stat. § 304.822) changed all that. Full enforcement began in January 2025, and it now applies to every driver on Missouri roads regardless of age.
The law is straightforward: you cannot hold, support, or physically use your phone while your vehicle is moving. That covers:
- Texting
- Scrolling
- Watching videos
- Typing anything
Hands-free calls and 911 calls are fine. But anything that requires you to actually touch your phone while you’re driving is prohibited.
What This Means for Your Civil Claim
A driver who violates § 304.822 when your crash happens has committed what the law calls “negligence per se.” That means the violation of the law proves the fault of the other driver. You don’t need to separately establish that they were behaving recklessly.
But your attorney still needs to show that the violation directly caused your injuries. That’s where the evidence comes in. Your attorney can subpoena (request) cell phone records and app usage data to confirm the violation happened at the exact moment of impact.
What About Commercial and Delivery Drivers?
The Federal Motor Carrier Safety Administration holds commercial operators to an even stricter standard. If a truck or delivery driver was at fault and broke federal rules, you’ll likely have a strong claim.
Types of Distracted Driving in Missouri — More Than Just Cell Phones
Most people think of someone texting when they hear distracted driving. Texting while driving is certainly dangerous, but it’s not the only distraction that can cause accidents. Distraction falls into three categories, and a driver doesn’t need a phone in their hand to be a danger.
Visual Distractions: Eyes Off the Road
According to the NHTSA, reading or sending a text takes a driver’s eyes off the road for five seconds. At 55 mph, that’s a full football field driven blind. And not just phones cause visual distractions. Here are some more examples:
- Searching for an address on the GPS
- Reading a billboard or roadside sign
- Looking at a crash on the shoulder
- Turning to look at a passenger
Manual Distractions: Hands Off the Wheel
Taking a hand off the wheel reduces a driver’s ability to react when it counts. These are some of the most common manual distractions we see in distracted driving cases:
- Eating or drinking
- Applying makeup and grooming
- Adjusting the radio or climate controls
- Reaching into the back seat
- Picking something up off the passenger seat
Cognitive Distractions: Mind Off the Road
A driver can have both hands on the wheel and eyes straight on the road and still be distracted, and a genuine danger to other road users. Hands-free calls, daydreaming, heated arguments with passengers, emotional distress, or simply zoning out can leave a driver physically present but mentally somewhere else.
Texting while driving is the most dangerous distraction of all, because it combines all three distraction types, according to the NHTSA. That’s what makes it so uniquely hazardous.
How Common Are Distracted Driving Crashes in St. Louis?
St. Louis drivers deal with some of the highest traffic volumes in Missouri. Distracted driving is a constant presence, whether you’re on Interstate 64, Highway 40, or any of the roads running through them.
Distracted driving is at an all-time high on Missouri roadways, consistently claiming over 100 lives annually, according to tracking data from the Missouri Department of Transportation. More than half of those victims weren’t the distracted driver, but passengers, pedestrians, and people in other vehicles who likely did nothing wrong.
Nationally, the NHTSA counted 3,208 people killed in distracted-driving crashes in 2024, with an estimated 315,167 injured. Cell phone use was confirmed in 14% of those fatal crashes, but the real number may be much higher. Most drivers don’t admit to being on their phone after a crash, and distraction might not make it into the official car accident report.
How Our St. Louis Distracted Driving Accident Lawyers Prove Your Case
The driver who hit you isn’t going to hand over their phone to help you prove your case. Proving distraction requires fast and deliberate action. Phone carriers only retain records for limited periods, camera footage gets overwritten in days, and witnesses become harder to reach every week you wait. Here’s what we do immediately:
- Getting cell phone records. We subpoena call logs, text timestamps, and app usage data directly from the carrier. That data can prove that the driver was on their phone while slamming into you.
- Preserving traffic camera and dashcam footage. Bradley Law moves immediately to ensure we can obtain video footage before it’s deleted. Traffic camera and dash cam footage can be crucial for your case and show a driver’s head position or even a visible phone in hand.
- Identifying eyewitnesses. Statements from another driver, a pedestrian, or a bystander who saw the at-fault driver on their phone provide independent evidence. This evidence can make or break your case, especially if video evidence is unavailable. And it’s hard to “argue away” in court. We identify and contact witnesses early, before their memories fade.
- Obtaining the police report. A police report can be the foundation of your civil case, especially if it contains citations. A distracted driving notation or citation under § 304.822 from the responding officer officially puts the driver’s negligence on record.
- Collecting Event Data Recorder (EDR) data. EDRs capture the vehicle’s speed, braking, and steering inputs in the moments before impact. Missouri law generally prevents drivers from refusing to provide this in a civil lawsuit, and paired with phone records, it can help to reconstruct the final seconds before your crash precisely.
- Checking the driver’s social media activity. We check what the driver posted, liked, or commented on in the minutes around the crash. Social media activity timestamped within minutes of the collision can fill gaps when other records alone weren’t enough to prove negligence.
Compensation You Can Recover After a Distracted Driving Accident
A serious crash can affect every part of your life, and the medical bills are just the beginning. Lost income, ongoing treatment, and long-term care can drain you financially for years to come. Here’s what you could recover after a distracted driving crash in St. Louis:
- Economic damages. These cover your financial losses, including: medical bills (past and future), lost wages, reduced earning capacity, vehicle repair or replacement, and out-of-pocket costs. Economic damages also cover long-term care should you require it. Bradley Law works with medical experts to put an accurate number on all your damages before settlement negotiations start.
- Non-economic damages. These cover your losses that don’t come with a receipt, like pain and suffering, emotional distress, and loss of enjoyment of life. They also cover loss of consortium for a spouse whose daily life has changed because of your injuries. Missouri places no cap on non-economic damages in most cases, so they carry their full weight at the negotiating table.
- Punitive damages. Punitive damages are designed to punish the driver and are separate from compensation. Missouri courts usually award them when a driver acted with reckless disregard for others. Texting while driving, especially when it happens at highway speeds, typically meets that standard.
Before you accept any offer, make sure you understand how car accident settlements are calculated under Missouri law. We walk every client through that before any negotiations take place.
Speak With An Attorney About Your Case
What to Do After Being Hit by a Distracted Driver in St. Louis
The steps you take in the hours after a distracted driving crash directly affect the strength of your claim. Here’s what to do:
- Call 911. Request a police officer to respond even if the crash seems minor. Without a police report, there’s no official record of what happened.
- Tell the officer. If you saw the driver on their phone, say so at the scene and make sure the officer notes it in the report.
- Photograph everything. Get pictures of vehicle damage, road conditions, skid marks, traffic signals, and any visible injuries.
- Collect witness information. Ask other drivers and bystanders for their contact details. Their statements can be crucial for your case.
- Don’t give a recorded statement. The at-fault driver’s insurance adjuster is not your friend. They are trying to protect the insurer’s interests and use recorded statements to minimize claims. Speak to a distracted driving attorney in St. Louis before agreeing to anything.
- See a doctor right away. Adrenaline masks pain, and a gap in treatment gives the insurer ammunition to question your injuries. You’re actively protecting your claim by seeing a doctor right away and obtaining a medical report.
- Keep all your records. Every medical bill, receipt, and piece of crash-related correspondence you gather will support your claim. Keep everything in a folder for easy access.
- Call Bradley Law before signing anything. Insurance companies move fast to try to close your claim as low as possible. Don’t let them. Before you agree to anything, talk to us to make sure you know the value of your case and don’t risk leaving money on the table.
How Ryan Bradley Handles Distracted Driving Cases
Ryan Bradley, managing partner at Bradley Law, knows how insurance companies dispute distracted driving claims. He spent years defending them, working for the same insurers that now oppose his clients. He knows how they evaluate distracted driving claims and where they look for reasons to pay you less. That inside experience gives Bradley Law a distinct perspective when building your distracted driving case.
Ryan Bradley is an AV-rated trial attorney, the highest peer recognition Martindale-Hubbell awards, a member of the Missouri Association of Trial Attorneys Hall of Fame, and the recipient of the Missouri Lawyers Weekly Highest Settlement Award for 2024.
Our case results in motor vehicle accidents include:
- $14.25 million motorcycle accident settlement, a Missouri record
- $10.15 million car accident settlement
- $8.25 million motorcycle accident settlement
Past results do not guarantee future outcomes. Every case is unique.
Frequently Asked Questions About St. Louis Distracted Driving Accidents
Is texting while driving illegal in Missouri?
Yes, it’s illegal for all drivers in Missouri since January 2025. The Siddens Bening Hands-Free Law (Mo. Rev. Stat. § 304.822) bans holding or physically using a wireless device while a vehicle is moving or temporarily stopped in traffic. The old law, which only covered drivers 21 and under, was replaced.
How do you prove a driver was distracted at the time of the crash?
Start with the phone. Your attorney can request all logs, text timestamps, and app activity directly from the carrier and determine whether activity occurred at the time of the accident.
Other evidence that can help to prove your case includes traffic camera footage, dashcam video, eyewitness statements, the police report, and the vehicle’s black box. But all of this must be collected soon after the crash, or it may disappear forever.
How long do I have to file a distracted driving accident lawsuit in Missouri?
The Missouri Statute of Limitations typically gives you five years from the date of the crash under Mo. Rev. Stat. § 516.120. But that’s simply the legal deadline. The longer you wait to build your case, the harder it gets to prove it. Evidence disappears, witnesses move on, and phone records get harder to pull.
What compensation can I recover after a distracted driving accident?
You could recover all losses you experienced as a result of the crash, including:
- Medical bills
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Missouri courts can also award punitive damages in addition to compensation when a driver was being reckless, such as texting while driving at a high speed.
What if the distracted driver was uninsured or underinsured?
An uninsured or underinsured driver doesn’t end your case. Missouri requires insurers to offer uninsured and underinsured motorist coverage, meaning your own insurance company can step in when the at-fault driver’s policy falls short. You could also sue the at-fault driver directly for damages. Bradley Law can review all your options in a free consultation.
How much does it cost to hire a distracted driving accident lawyer in St. Louis?
Bradley Law works on a contingency fee basis, which means you pay nothing unless we win your case. There are no upfront costs, no hourly fees, and no out-of-pocket expenses to pay. Our fee is a percentage of your recovery.
Contact Our St. Louis Distracted Driving Accident Lawyers for a Free Consultation
You didn’t choose to be in this situation. Someone else decided to drive recklessly, whether they picked up their phone or grabbed something in the back. Now you’re dealing with the damages and an insurance company that fights you for every dollar.
Bradley Law is here for you. We’re available around the clock, every day of the week. There’s no fee unless we recover compensation for you, and your first conversation costs nothing.
If you’re looking for a distracted driving accident lawyer near me, call (314) 400-0000 or contact us online for a free case evaluation. Our office is at 1430 Washington Ave, Suite 226, St. Louis, MO 63103.
