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Distracted driving remains a serious concern in St. Louis, especially when it comes to texting behind the wheel. We seeWe see many types of distracted drivers from taking their focus off the road to check their phones in a text message, changing the music, or performing other activities that seem harmless in the moment but takes their eyes off the road. However, even a few seconds of distraction can dramatically raise the risk of an accident and lead to serious injuries.
As personal injury law professionals, we understand how quickly these events can happen and the impact they have on everyone involved. It’s important for all of us to realize that everyday distractions can have lasting consequences, and resolving these cases often involves understanding both legal rights and the complexities of insurance claims.
Texting while driving is not illegal for all drivers in Missouri. State law only bans texting for drivers under 21 years old and for commercial vehicle operators. This means adult drivers over 21 can still legally text while behind the wheel.
This table shows who the law applies to:
| Group | Is Texting Banned? |
|---|---|
| Under 21 | Yes |
| Commercial Drivers | Yes |
| Over 21 (Non-Commercial) | No |
Distracted drivers, whether teens or adults, can cause car accidents and put passengers, pedestrians, and others at risk. The law does not treat texting like driving under the influence or being a drunk driver, which are illegal for everyone.
To hold someone responsible for a distracted driving wreck like a car wreck, motorcycle wreck, or semi-truck wreck, we have to prove that texting caused the collision and our injuries. Building a strong personal injury case starts with gathering the right evidence and following the legal steps.
Key Points to Establish:
Types of Useful Evidence:
| Evidence Type | How It Helps |
|---|---|
| Police Report | May show citation for texting while driving |
| Photos of the Crash | Shows damage and scene details |
| Medical Records | Confirms injury and required treatment |
| Witness Statements | Supports our version of events |
| Driver’s Insurance Information | Needed to file claims for recovery |
Why it matters: Missouri follows fault-based rules. The person who causes the wreck is responsible for the costs of injuries, usually through their insurance. Our legal rights include seeking payment for all our losses, including ongoing medical care and other damages.
Important Steps for Us:
Proving someone was texting behind the wheel can take careful investigation, but the right proof can strengthen our claim and support us in getting fair compensation. If we need more details on how texting accidents cause injuries and result in financial and personal harm, we can look further into statistics of distracted driving wrecks, including annual injuries and fatalities.
Several important elements decide how much compensation we may get after a texting while driving accident. The outcome often depends on how serious our injuries are and how long they affect our bodies and daily lives. If our recovery takes months or results in permanent disabilities, the potential value of our case generally increases.
A key factor is lost wages. If we are not able to work, we may be compensated for the income we miss out on. The time we are off work and any long-term impact on our ability to earn an income matter. The total costs related to medical care, car repairs, and even rental vehicles also help determine what fair compensation looks like. Emotional hardships such as pain and suffering, or any psychological distress, add another layer to the calculation.
Assessment of fault is central in Missouri, where the pure comparative fault rule applies. If both parties share responsibility for the crash, our payment may be reduced by the percentage of blame we carry. For example, if we are found 20% at fault, we could only claim 80% of the determined damages. For more details about these laws, read about legal factors affecting distracted driving cases.
We may be entitled to several types of damages, including:
| Type of Damage | Examples |
|---|---|
| Medical Expenses | Hospital bills, medications, therapy |
| Property Loss | Car repair, replacement, rental |
| Lost Income | Missed paychecks, reduced earning power |
| Pain and Suffering | Physical aches, emotional injuries |
| Punitive Damages | Rare, but possible if the behavior was reckless |
Insurance limits can affect what we actually receive, even if our total damages are higher. We can seek fair compensationfor all these losses, depending on the facts of our case.
When we’re hurt in a car crash by a driver who doesn’t have auto insurance, it’s easy to feel stuck. However, there are ways we can still recover damages, even if the at-fault party can’t pay through their own insurance policy.
One important option is uninsured/underinsured motorist coverage (often called UM coverage), which we may already have as part of our own policy. This protection helps us cover costs like:
In Missouri, drivers must carry some level of uninsured motorist protection, with a minimum of $25,000 for injuries and $10,000 for property damage. We can also choose to increase these limits for more coverage.
| Type of Coverage | What It Pays For | Required? |
|---|---|---|
| Uninsured Motorist (UM) | Injuries, property damage | Yes, by Missouri law |
| Underinsured Motorist (UIM) | Amount above other driver’s coverage | Optional |
| Medical Payments (Medpay) | Upfront medical costs | Optional |
In addition to UM or UIM, many of us can use our Medical Payments coverage, which pays for our healthcare costs right away, regardless of who was at fault. Even if we bear some responsibility, Medpay still applies up to the coverage limits we selected. These options let us move forward without relying on the other driver’s insurance company.
When we deal with a distracted driving accident, we often have two choices for seeking compensation: filing an insurance claim or taking legal action. Most of us begin with an insurance claim because it is usually quicker and allows for negotiation with the other party’s insurance company. If both sides agree, a settlement can be reached without going to court.
However, if the insurance company denies our claim, offers too little, or the accident was caused by especially reckless actions, we might need to start litigation. Lawsuits generally take more time than insurance claims and can be more expensive, but sometimes they are the only way to get fair compensation.
The OnderLaw Law Firm brings years of experience helping people with distracted driving cases in St. Louis with our knowledgable personal injury attorney team. Our team has been recognized by respected legal groups, including earning the AV rating from Martindale-Hubbell for our professional skill and strong case results.
What sets us apart:
| Areas of Service | Community Involvement |
|---|---|
| Distracted Driving Accidents | Local and national charities |
| Personal Injury | Support for families and awareness |
Our goal is to help clients while also supporting our community.
If we get stopped for distracted driving in St. Louis, we can face tickets, fines, and possibly points on our driving record. We may also need to appear in traffic court, where penalties could increase based on the situation and our past driving history.
A lawyer can review our case details and look for any issues with how evidence was collected or handled. They can explain our rights, represent us in court, and negotiate for lower fines or fewer penalties if possible. Lawyers can also help us understand any local cell phone use laws that may affect our case.
Key evidence in these cases might include: -Dashcam footage -Cell phone records -Witness statements -Police reports -We need to gather anything that shows whether we were distracted or not and how the stop happened.
Yes, St. Louis drivers must follow local and state regulations about phones and electronic devices. These rules may ban texting or restrict talking on a cell phone while driving, especially for young or commercial drivers. Laws are updated often, so we should always check the latest information on regulating cell phone use before getting behind the wheel.
We should stay calm, be polite, and give the officer only the information requested. It’s best to avoid admitting fault or discussing details at the scene. We should keep a record of what happened and contact a traffic lawyer as soon as possible.
It is likely our insurance rates could rise if we are found guilty of distracted driving. Insurance companies may see us as a higher risk if we have these violations on our record. The exact increase depends on our current policy and past driving history.
