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What Compensation Can You Get for a Distracted Driving Accident in Missouri?
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If a careless, phone-scrolling motorist caused your collision, you probably have one pressing question: how much can you actually recover? The answer depends on several factors, including the severity of your injuries, the strength of the evidence, and the allocation of fault between the parties. But here is the good news. The state’s laws are generally favorable to people whose negligence has hurt someone else, and there is no blanket ceiling on what a jury can award in most personal injury claims.
Let’s walk through the types of recovery available, how the law works in your favor, and what steps to take after a crash caused by an inattentive motorist.
How the Siddens Bening Hands-Free Law Affects Your Claim
Starting January 1, 2025, the Siddens Bening Hands-Free Law (RSMo Section 304.822) became fully enforceable across the state. Before that date, officers could only issue warnings. Now, fines begin at $150 for a first offense and climb to $250 for a second violation within two years. In school or work zones, penalties can reach $500. Crashes that result in serious bodily harm can lead to up to six months in jail, and fatal collisions may carry up to seven years in prison.
What does this mean for your claim? When the at-fault driver was violating this statute at the time of the wreck, that violation becomes strong evidence of negligence. It does not automatically prove fault, but it significantly shifts the conversation. A jury is far more likely to hold a motorist liable when they were breaking the law by holding a phone, sending a text, or browsing social media behind the wheel.
Under the statute, prohibited activities include:
- Physically holding or supporting a cell phone with any body part
- Reading, writing, or sending text messages
- Browsing the internet or watching videos
- Making calls without a hands-free feature
- Recording or posting content while driving
- Participating in video calls
Permitted activities include using Bluetooth or voice-to-text features, viewing GPS navigation, and making emergency calls to first responders.
Types of Financial Recovery After a Crash With an Inattentive Driver
Perhaps the most important thing to understand is that Missouri has no cap on the amount of damages that might be awarded in a standard auto collision case. The only exceptions are medical malpractice and claims against government entities, neither of which applies to a typical distracted-driving accident. That means a jury can award whatever sum it believes fairly addresses your losses.
Recovery generally falls into three broad categories, and each one can add substantially to the total value of your case.
Economic Damages
These are the measurable out-of-pocket costs directly tied to your injuries. They come with receipts, pay stubs, and billing records. Common examples include:
- Medical expenses for emergency treatment, surgeries, and hospital stays
- Rehabilitation and physical therapy costs
- Prescription medication and assistive devices
- Lost wages during recovery
- Reduced earning capacity if your ability to work has permanently changed
- Property repair or replacement for your vehicle
Non-Economic Damages
These address the parts of your life that cannot be captured on a spreadsheet. They are harder to calculate, yes, but they are often the largest portion of a settlement or verdict. You may be entitled to recover damages for:
- Physical pain and ongoing suffering
- Emotional distress, anxiety, or depression
- Loss of enjoyment of daily activities
- Disfigurement and scarring
- Loss of consortium for a spouse
Because there is no fixed formula, juries consider the severity and duration of your condition, how it affects your day-to-day routines, and what your future looks like. Attorneys and insurers sometimes use a multiplier method, where your financial losses are multiplied by a factor between 1.5 and 5, depending on severity.
Punitive Damages in Distracted Driving Cases
In certain situations, a court may award punitive damages on top of your actual losses. These are not meant to make you whole. Instead, they serve as a penalty for especially reckless or outrageous behavior and as a deterrent to others.
Could a distracted driving accident qualify? It depends. Texting at highway speeds, livestreaming while operating a vehicle, or watching videos in heavy traffic could all rise to the level of conduct that a jury views as flagrant disregard for safety. The standard requires clear and convincing evidence that the at-fault party acted with deliberate indifference to others’ well-being.
Worth noting: in 2014, the state’s Supreme Court ruled that the statutory cap on punitive damages was unconstitutional. As of now, there is no upper limit on these awards, though juries must still find that the behavior meets the high threshold for recklessness.
How Comparative Fault Can Reduce Your Recovery
The state follows a pure comparative fault system. This is actually one of the more generous frameworks in the country. Even if you were partially responsible for the wreck, you can still pursue recovery. Your total award simply gets reduced by whatever percentage of blame is assigned to you.
Here is a quick example. Say your total losses equal $200,000, but the jury determines you were 15% at fault because you were slightly exceeding the speed limit when the other motorist ran a red light while looking at their phone. Your award would be reduced to $170,000.
What makes this system notable is that it never completely bars you from filing a claim. Some states cut you off at 50% or 51% fault. Here, even someone found 90% responsible could technically recover 10% of their losses. Insurance adjusters know this, and they will almost certainly try to shift as much blame onto you as possible to lower their payout.
| Damage Type | What It Covers | Cap in Standard Auto Cases? |
| Economic | Medical bills, lost income, property repair, rehabilitation | No cap |
| Non-Economic | Pain, suffering, emotional distress, loss of enjoyment | No cap |
| Punitive | Penalty for reckless behavior (e.g., texting at high speed) | No cap (ruled unconstitutional in 2014) |
| Comparative Fault Reduction | Award reduced by your % of responsibility | Recovery is possible even at 99% fault |
Evidence That Strengthens a Claim Against an Inattentive Motorist
Building a strong case requires solid proof that the other driver was not focused on the road. This is where an experienced accident lawyer can make a real difference, because some of this evidence disappears quickly.
Key forms of proof include:
- Cell phone records showing texts, calls, or app usage at the time of the wreck
- Dashcam or traffic camera footage
- Police reports noting signs of inattention
- Eyewitness accounts of the other motorist looking down or holding a device
- Data from the vehicle’s event data recorder (often called a “black box”)
- Social media posts timestamped near the moment of impact
Perhaps the most overlooked piece of evidence is the crash report itself. Officers increasingly note cell phone use as a contributing factor, particularly since the new hands-free statute took effect. Even a citation for violating the Siddens Bening law can bolster your position.
Common Injuries and Their Impact on Settlement Value
Not every collision results in the same type of harm, and the nature of your injuries plays a major role in determining what your case is worth. Crashes caused by someone not watching the road often involve sudden, high-impact forces because the at-fault driver often fails to brake or swerve in time.
Frequently reported injuries include:
- Traumatic brain harm, from mild concussions to severe closed-head trauma
- Whiplash and other soft tissue sprains
- Fractured bones in the arms, legs, ribs, and pelvis
- Spinal cord damage, including herniated discs and compression
- Internal organ bleeding
- Lacerations and deep tissue bruising
- Knee and shoulder joint tears
More severe conditions, like paralysis or long-term cognitive impairment, carry significantly higher settlement values because they affect your ability to earn a living and enjoy life for years or decades to come. Even “minor” ailments like chronic neck stiffness or recurring headaches can add meaningful value when documented properly.
Pedestrian accidents caused by an inattentive motorist deserve special mention. When a person on foot is struck, the resulting harm is almost always catastrophic. Pedestrians have no protective shell, and the disparity in force between a multi-ton vehicle and a human body leads to devastating outcomes. Claims involving pedestrian victims often reach much higher figures.
What to Do Immediately After a Collision With a Distracted Driver
The steps you take in the hours and days following a wreck can shape the outcome of your entire claim. Even if you feel fine, do not skip any of these.
- Call 911 and wait for officers to arrive so an official report can be filed
- Seek medical attention the same day, even if symptoms seem mild
- Photograph the scene, including vehicle positions, debris, skid marks, and traffic signals
- Collect names and contact information from witnesses
- Avoid giving recorded statements to the other party’s insurer before speaking with a legal professional
- Keep every medical bill, receipt, and record of missed work
One thing many people overlook is the importance of requesting a preservation letter for the other party’s phone records. Cellular carriers routinely purge data after a set period. If your attorney sends a formal request early enough, that evidence is far more likely to survive.
Missouri’s Statute of Limitations and Filing Deadlines
You have five years from the date of the crash to file a personal injury lawsuit under RSMo Section 516.120. For wrongful death claims, the statute of limitations is three years. While five years might sound generous, evidence degrades, witnesses relocate, and memories fade. Starting the process sooner almost always leads to a stronger case.
There are limited exceptions. If the injured person was a minor or was mentally incapacitated at the time of the wreck, the clock may pause until that condition resolves. Similarly, if the at-fault driver leaves the state, the time they are absent may not count against your deadline.
Filing within these limits is non-negotiable. Miss the window, and the court will almost certainly dismiss your claim regardless of how strong the evidence may be.
When to Contact an Injury Law Firm About Your Case
Truthfully, the sooner you reach out, the better. Insurance companies begin building their defense within hours of a reported collision. They assign adjusters, review records, and look for any reason to minimize what they owe. Having a personal injury attorney on your side early means someone is actively protecting your interests from the start.
An attorney can:
- Preserve critical phone, video, and electronic data
- Calculate the full value of current and future losses
- Handle all communication with insurers so you avoid making statements that hurt your claim
- Retain medical and economic experts to support your case
- Negotiate assertively or take your claim to trial if necessary
Most personal injury firms work on a contingency fee basis, meaning you pay nothing up front and only owe a fee if they recover damages for you.
Talk to Missouri Injury Law Firm Today
A crash caused by distracted driving can upend your life in ways you never expected. Medical bills pile up, paychecks stop, and the physical pain can feel relentless. You should not bear that weight alone.
Missouri Injury Law Firm is ready to review your case at no cost. Contact us today to speak with an attorney who understands how to build these claims and fight for the full recovery you deserve.
Frequently Asked Questions
What is the distracted driving law in Missouri?
The Siddens Bening Hands-Free Law, codified in RSMo Section 304.822, prohibits all motorists from manually using electronic communication devices while operating a vehicle. Signed into effect in August 2023, the statute entered full enforcement on January 1, 2025, after a 16-month grace period of warnings only. Prohibited actions include holding a phone, texting, browsing, video calling, and recording content. Hands-free features like Bluetooth, voice commands, and dashboard-mounted navigation remain permitted. Fines start at $150 and escalate with repeated offenses or when violations occur in school and work zones.
Will insurance pay if you leave the scene?
Leaving the scene of a collision is a separate legal violation that can seriously complicate your ability to collect benefits. While your own policy may still cover some losses depending on its terms, fleeing often gives the other party’s insurer grounds to deny or reduce your claim. Hit-and-run behavior may also trigger criminal charges under state statutes, which can further undermine any civil lawsuit you file later. Speaking with a legal professional before contacting your carrier is strongly recommended, as early missteps in communication can significantly weaken your position.
How many injuries are caused by distracted driving?
According to NHTSA data published in 2025, roughly 315,167 people were hurt in traffic crashes involving inattentive motorists during 2024 alone. That figure translates to approximately 861 people injured each day across the country. These wrecks accounted for an estimated 13% of all reported collisions resulting in bodily harm that year. The real numbers may be higher because inattention is difficult to detect and document after a wreck. A separate NHTSA study from 2023 estimated that when underreporting is factored in, the true scope could be nearly three times the official count.
Can a car accident cause spinal stenosis?
Yes, a vehicle collision can directly cause or significantly worsen spinal stenosis. The condition involves a narrowing of the space inside the spinal canal, which places pressure on nerves and the spinal cord. Trauma from a crash, particularly sudden jolting or whiplash, may lead to herniated discs, vertebral fractures, or inflammation that reduces canal space. Symptoms like back pain, leg numbness, tingling, and muscle weakness may appear immediately or develop gradually over weeks. If a pre-existing narrowing was present but asymptomatic before the wreck, the at-fault party remains liable for any aggravation of that condition.
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