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Steps to Take After a Distracted Driver Causes Your Missouri Car Accident
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The moments after a collision are confusing, frustrating, and often painful. When the cause of that wreck is someone who chose to scroll through their phone or fiddle with their GPS instead of paying attention to the road, it makes the whole situation feel even worse. You probably have questions, perhaps about what to do right now, what your rights are under state law, or whether you can hold the other motorist accountable.
This page walks through all of it. From what to do at the scene, to how fault is proven, to what compensation may look like when your injuries are someone else’s responsibility.
How Inattentive Driving Collisions Happen on Missouri Roads
Not every wreck involves a cell phone, though many do. In truth, there are three broad categories of attention failure behind the wheel, and understanding them matters when building a legal case.
- Visual means the motorist took their eyes off the road, maybe glancing at a billboard or looking at a child in the backseat
- Manual means their hands left the steering wheel; eating, adjusting a radio dial, or reaching for something on the passenger seat are all common examples
- Cognitive means their mind drifted away from the task of operating their vehicle, perhaps because of an argument, fatigue, or deep thought about a stressful topic
Texting is especially dangerous because it combines all three types at once. The Missouri Coalition for Roadway Safety has noted that over 800 fatalities tied to inattentive motorists occurred between 2012 and 2021, and that figure is widely considered underreported.
What makes these wrecks so preventable is that the other party made a conscious choice. That choice matters in court and when filing an insurance claim.
Immediate Actions at the Collision Scene
The first few minutes after a wreck can shape the strength of your entire case. Even if you are shaken up, try to stay as composed as possible and work through a mental checklist.
- Move to a safe location if you can: Under the “Steer It, Clear It” principle (Traffic Regulations Sections 304.151 and 304.155), if nobody has been seriously hurt and your vehicle is operable, you are expected to move it to the shoulder. Police and insurers will not penalize you for doing this.
- Check on everyone involved: Assess yourself and your passengers for injuries. If anyone needs medical attention, call 911 right away.
- Contact law enforcement: Even if the collision seems minor, getting a police report on record creates official documentation you may rely on later. Officers are trained to record details, gather statements, and sometimes note whether they suspect that the other motorist was not paying attention.
- Collect evidence while you wait: Use your phone to take photos and videos from multiple angles. Capture vehicle positions, road markings, traffic signals, debris, and visible damage. If witnesses are present, ask for their contact details before they leave the area.
Why You Should Never Say “It Was My Fault”
This might seem like common sense, but in the stress of the moment, people say things they do not mean. A simple apology, something like “I’m sorry, I didn’t see you,” can be reframed by an insurance adjuster to imply shared blame.
Under Missouri’s pure comparative fault rule, any percentage of blame assigned to you directly reduces the amount of money you can recover. So if a jury awards $100,000 but finds you were 20% at fault, your recovery drops to $80,000. That is why even a casual admission can carry real financial consequences.
What should you do instead?
- Provide only the basic facts to the officer: your name, license, insurance details, and what happened
- Do not speculate about speed, who had the right of way, or what the other motorist was doing
- Let the evidence speak for itself
The Siddens Bening Hands-Free Law and What It Means for Your Case
Missouri became the 49th state to restrict cell phone use behind the wheel when it enacted the Siddens Bening Hands-Free Law (RSMo Section 304.822), effective August 28, 2023. Before this, only those under 21 faced a ban on texting while driving. Now the prohibition extends to every motorist, regardless of age.
Under this statute, operators are prohibited from:
- Physically holding or supporting a phone with any part of their body while operating a vehicle
- Writing, reading, or sending text-based messages, emails, or social media content
- Recording, posting, or broadcasting video, including video calls
- Manually entering letters, numbers, or symbols into any application or search engine
Drivers may still place or receive voice calls using hands-free systems, send messages through voice-to-text, use GPS navigation, and listen to music or podcasts.
Penalties under the hands-free statute escalate with repeat offenses:
| Offense Level | Fine Amount | Additional Consequences |
| First citation (within 2 years) | Up to $150 | Recorded as a traffic violation |
| Second citation (within 2 years) | Up to $250 | Higher insurance premiums are likely |
| Third citation (within 2 years) | Up to $500 | Points on license, potential CDL issues |
| Causing property damage over $5,000 | Class D misdemeanor | Criminal record |
| Causing physical injury to another person | Class B misdemeanor | Up to 6 months in jail, fines up to $1,000 |
| Causing a fatal wreck | Class D felony | Up to 7 years in prison |
When the at-fault motorist violates this statute and causes your collision, that violation becomes powerful evidence of negligence. It demonstrates that the other party was breaking the law at the time of the crash, which can significantly strengthen your claim.
Types of Harm Commonly Seen in These Wrecks
Because inattentive motorists often fail to brake or swerve before impact, the resulting force can be severe. Common physical harm includes:
- Whiplash and other neck trauma
- Herniated discs and spinal cord damage
- Traumatic brain injuries and concussions
- Broken bones, particularly in the wrists, ribs, and legs
- Soft tissue tears, bruising, and lacerations
Beyond the physical, many people experience anxiety, depression, and post-traumatic stress after being struck by someone who was not paying attention. These emotional consequences are real, and they can affect your ability to work, sleep, and maintain relationships.
Delayed Symptoms Deserve Attention
Some of the most serious conditions do not appear immediately. Swelling in the brain, internal bleeding, or a slowly worsening disc problem may take hours or days to produce symptoms. This is why seeking a medical evaluation promptly after the collision is so important, even when you feel fine initially.
Long-Term Impact on Your Daily Life
Chronic pain, limited mobility, and the financial pressure of ongoing treatment can alter every aspect of your routine. Physical therapy appointments, prescription costs, and time away from your job all add up. When an inattentive motorist caused all of it, the law says they should bear those costs.
Proving the Other Motorist Was Not Focused on the Road
Establishing that someone was texting, browsing, or otherwise occupied at the moment of the crash requires more than just your word against theirs. A strong case typically draws on several forms of proof.
- Phone records: Subpoenaed records can confirm whether the other party was making calls, sending texts, or using data right before the impact
- Onboard vehicle data: Many modern cars record speed, braking patterns, and steering input in the seconds leading up to a collision
- Dashcam and surveillance footage: Cameras mounted on your car, nearby businesses, or traffic systems may have captured the other motorist looking down or holding a device
- Witness testimony: Passengers in other vehicles or bystanders who observed the crash firsthand can support your account
- The police report itself: Officers sometimes note signs of inattention, open apps on a phone screen, or the other party’s own statements at the scene
The more types of evidence you can gather, the harder it becomes for the other side to deny responsibility.
Compensation You May Be Entitled to Recover
Missouri does not place a cap on the total amount of compensation available in personal injury cases. What you can seek depends on how the wreck has affected you, both financially and personally.
Economic losses are those with a clear dollar value:
- Hospital stays, surgeries, and emergency room visits
- Physical rehabilitation and future treatment needs
- Prescription medication costs
- Lost wages for the time you could not work
- Reduced earning capacity if your injuries limit future employment
Non-economic losses are harder to quantify but equally important:
- Physical pain and ongoing discomfort
- Emotional suffering and mental anguish
- Loss of enjoyment in activities you once valued
- Scarring or permanent disfigurement
In some situations, punitive damages may also apply. If the at-fault party’s behavior was especially reckless, perhaps they were streaming video on their phone while speeding through a school zone, the court may award additional money as a form of punishment and deterrence.
How Comparative Fault Affects Your Recovery
Even if the other motorist was clearly at fault, the defense will likely try to assign some portion of blame to you. Missouri’s pure comparative fault system means you can still recover damages even if you were partially responsible for the wreck. Your percentage of fault simply reduces your award.
Reporting Requirements You Should Know About
After any crash in this state, several deadlines and obligations may apply.
Immediate law enforcement notification is required when someone has been hurt, when a fatality occurs, or when total property damage exceeds $500 (RSMo Section 303.040).
If officers do not respond to the scene, you may need to file a Motor Vehicle Accident Report (Form 1140) with the Department of Revenue within 30 days of the incident.
Most insurance companies also require notification within 24 to 72 hours, depending on your policy terms. Failing to notify your insurer promptly could jeopardize your coverage. Even if you believe the other motorist was entirely responsible, let your own provider know what happened.
For those considering legal action, the statute of limitations for personal injury claims is five years from the date of the wreck (RSMo Section 516.120). While that sounds like plenty of time, evidence degrades and witness memories fade. Starting early gives your attorney the best chance of building a strong claim.
Picking the Right Legal Representation
Not all attorneys handle these cases the same way. Look for a firm with direct experience handling collisions involving inattentive motorists and understanding the nuances of proving fault in these situations.
A qualified accident attorney can:
- Obtain phone records and electronic evidence through legal discovery
- Work with forensic experts who specialize in crash reconstruction
- Calculate the true value of your losses, both current and future
- Deal with insurance adjusters so that you can focus on healing
Free consultations are common in personal injury practice, so there is no financial risk in speaking with a lawyer early. Most firms also work on a contingency fee basis, meaning you pay nothing unless they recover money on your behalf.
Protecting Your Claim in the Days and Weeks Ahead
Filing a report and hiring a lawyer are important first steps, but protecting your claim is an ongoing process.
- Follow every medical recommendation. Missing appointments or skipping prescribed treatments gives the insurance company a reason to argue that your injuries are not as serious as you claim.
- Keep a personal log. Write down how you feel each day, what activities you cannot perform, and how the wreck has affected your mood and relationships. This kind of documentation can be valuable testimony later.
- Avoid posting about the collision on social media. Insurance adjusters regularly review public profiles to find contradictory statements or photos that suggest you are less injured than reported.
- Preserve all receipts and records. Medical bills, pharmacy receipts, rideshare costs for transportation to appointments, and pay stubs showing missed work all contribute to the total picture of your financial losses.
Frequently Asked Questions
What is the distracted driving law in Missouri?
The Siddens Bening Hands-Free Law (RSMo Section 304.822) prohibits all motorists from physically holding a phone, typing or reading messages, recording video, or entering data into any device while operating a vehicle on public roads. Voice-activated features for calls, texts, and navigation are still permitted. Before this statute took effect on August 28, 2023, only those under 21 faced restrictions on texting while driving. Law enforcement began issuing citations on January 1, 2025, with fines starting at $150 for first-time violations and increasing for repeat offenses.
What happens if an accident is not reported within 24 hours?
No specific state statute mandates a 24-hour reporting window to law enforcement. However, RSMo Section 303.040 requires immediate police notification when a collision results in physical harm, death, or property damage above $500. If officers do not respond to the scene, filing a Motor Vehicle Report with the Department of Revenue within 30 days is required. Most insurance policies require notification within 24 to 72 hours, and failure to comply can result in denied coverage. Acting quickly also preserves physical evidence and witness recollections that may be critical for any future claim.
Why should you never admit fault?
Missouri applies a pure comparative negligence standard, meaning any blame attributed to you directly reduces the compensation you receive. An offhand apology or speculative comment at the scene, even something as innocent as “I should have been paying more attention,” can be used against you by adjusters and opposing counsel. Stick to factual statements when speaking with officers and other parties. Let trained investigators, attorneys, and forensic analysts determine who bears responsibility based on objective evidence rather than anything said in the stressful aftermath of a wreck.
Who or what is responsible for a distracted driver incident?
The motorist who chose to divert their attention from the road typically bears primary liability. However, other parties may share responsibility depending on the facts. An employer could be liable if a commercial vehicle operator were texting while on duty. A vehicle manufacturer might face scrutiny if a defective touchscreen interface contributed to the crash. In Missouri, liability is determined through the negligence framework, where the injured party must show that the at-fault motorist owed a duty of care, breached that duty, and caused measurable harm as a direct result. An experienced law firm can identify all potentially liable parties.
Talk to the Missouri Injury Law Firm Today
If a collision caused by distracted driving has left you dealing with medical bills, missed work, and pain that will not go away, you do not have to sort through this alone. The Missouri Injury Law Firm is ready to review your situation at no cost and help you understand what options are available. Reach out today for a free consultation and take the first step toward the recovery you deserve.
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