Distracted driving is one of the leading causes of serious car accidents in Springfield, Missouri, and across the entire state. If you or a family member has been injured by a driver who was texting, scrolling, or otherwise not paying attention to the road, you have legal options. Understanding how these cases work, and how an experienced distracted driving accident attorney can help, is the first step toward protecting your rights and pursuing the compensation you deserve.
At The Law Office of Chad G. Mann, we have seen firsthand how a single moment of driver inattention can change lives. This guide covers the key facts about distracted driving accidents in Missouri, what to do after a crash, and how to hold a negligent driver accountable.
**Key Takeaways:** Distracted driving caused over 200,000 crashes in Missouri from 2012 to 2021. Missouri’s 2023 Siddens-Bening Hands-Free Law makes holding a phone while driving illegal for all drivers. If you were injured by a distracted driver in Springfield, an experienced attorney can subpoena cell phone records, gather digital evidence, and pursue full compensation for your medical expenses, lost wages, and pain and suffering.
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– Missouri’s hands-free law strengthens your negligence claim
– Cell phone records can prove distraction even when the driver denies it
– You have five years to file, but early action preserves critical evidence
– Most personal injury attorneys work on contingency, so there are no upfront fees
The Scope of Distracted Driving in Missouri
Distracted driving has become an epidemic on Missouri roads. According to the Missouri Department of Transportation (MoDOT), more than 200,000 distracted driving crashes occurred in the state between 2012 and 2021, resulting in over 800 fatalities. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving claimed 3,308 lives nationwide in a single recent year, with an estimated 424,000 people injured in crashes involving a distracted driver.
In the Springfield metro area, busy corridors like Interstate 44, Highway 65, and Chestnut Expressway see heavy daily traffic. When drivers take their attention off the road, even briefly, the results on these fast-moving routes can be devastating.
Three Types of Driver Distraction
The Centers for Disease Control and Prevention (CDC) identifies three categories of driving distraction:
- **Visual distractions** — Taking your eyes off the road, such as looking at a phone screen, GPS, or something on the side of the road.
- **Manual distractions** — Taking your hands off the steering wheel to reach for an item, adjust the radio, eat, or hold a device.
- **Cognitive distractions** — Taking your mind off the task of driving, including daydreaming, having an intense conversation, or being preoccupied with stress.
Texting while driving is uniquely dangerous because it involves all three forms of distraction at once. The NHTSA estimates that sending or reading a single text takes a driver’s eyes off the road for approximately five seconds. At 55 miles per hour, that is the equivalent of driving the length of a football field with your eyes closed.
Missouri’s Hands-Free Law: What Changed in 2023
Missouri strengthened its distracted driving laws in 2023 with the Siddens-Bening Hands-Free Law (RSMo §304.822). This law made it illegal for all drivers in Missouri to:
- Physically hold or support an electronic device while driving
- Manually type, send, or read text-based communications
- Watch, record, or broadcast video
- Use social media applications
Drivers may still use hands-free technology such as Bluetooth, voice-activated commands, and dashboard-mounted devices. However, any physical interaction with a phone or device while operating a vehicle now violates state law.
This legislation is significant for personal injury cases. When a driver violates the hands-free law and causes a crash, that violation serves as strong evidence of negligence, which is a central element in any injury claim.
What to Do After a Distracted Driving Accident
If you have been involved in an accident that you believe was caused by a distracted driver, taking the right steps early can make a substantial difference in your case.
1. Call 911 and Get Medical Attention
Your health and safety come first. Even if your injuries seem minor at the scene, seek medical evaluation promptly. Some injuries, including concussions, soft tissue damage, and internal injuries, may not show symptoms immediately. A medical record also creates important documentation that connects your injuries to the accident.
2. Document the Scene
If you are physically able, gather as much evidence as possible:
- Take photographs of the vehicles, the road, traffic signals, and any visible injuries
- Note weather and road conditions
- Write down the other driver’s license plate, insurance information, and contact details
- Ask witnesses for their names and phone numbers
3. Tell the Police You Suspect Distraction
When officers arrive, let them know if you noticed the other driver looking down at their phone, swerving, or failing to brake before impact. The police report can document suspected distracted driving, which becomes valuable evidence later.
4. Do Not Give a Recorded Statement to the Other Driver’s Insurance Company
Insurance adjusters may contact you quickly after a crash. They may sound sympathetic, but their goal is to minimize what their company pays. Politely decline to give a recorded statement, and speak with an attorney before discussing the specifics of your claim.
5. Contact a Distracted Driving Accident Attorney
Time is critical in these cases. Cell phone records can be overwritten, surveillance footage may be deleted, and witness memories fade. An experienced distracted driving lawyer can act quickly to preserve essential evidence and protect your legal rights.
How Distracted Driving Is Proven in Court
One of the most common concerns people have is whether they can actually prove the other driver was distracted. The answer, in most cases, is yes. A skilled attorney uses multiple types of evidence to build a strong case:
Cell Phone Records
Your attorney can subpoena the at-fault driver’s cell phone records to show calls, texts, or data usage at the time of the crash. These records provide a timestamped log that can be matched to the exact moment of impact.
Witness Testimony
Other drivers, passengers, or bystanders who saw the driver looking at their phone, eating, or engaged in another distracting activity can provide critical testimony.
Police Reports
Officers often note signs of distracted driving, such as lane drifting, failure to brake, or the driver’s own admissions at the scene. If the driver was cited for violating the hands-free law, that citation further supports your claim.
Vehicle Data and Dashcam Footage
Modern vehicles often record data that can indicate whether a driver was interacting with an infotainment system before a collision. Dashcam footage from your vehicle, the other driver’s vehicle, or nearby cars may also capture the driver’s behavior.
Social Media and App Activity
In some cases, social media timestamps show posts or interactions made while the driver was behind the wheel. Navigation app data and other digital footprints can also help establish that the driver was using their phone at the time of the crash.
Having worked closely with major insurance carriers before opening my own practice, I understand how insurers evaluate these claims from the inside. That perspective helps me identify the evidence that matters most and anticipate the strategies the other side will use.
Compensation You May Be Entitled To
If you were injured by a distracted driver, Missouri law allows you to seek compensation for a range of damages, including:
- **Medical expenses** — Emergency treatment, hospitalization, surgery, physical therapy, medications, and future medical care
- **Lost wages** — Income lost while recovering, as well as reduced earning capacity if your injuries affect your ability to work long-term
- **Pain and suffering** — Physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life
- **Property damage** — Repair or replacement of your vehicle and personal belongings
- **Loss of consortium** — Impact on your relationships with your spouse or family members
In cases involving particularly reckless behavior, such as texting at high speeds through a residential area or school zone, Missouri courts may also award punitive damages. These are intended to punish the at-fault driver and discourage similar conduct.
For a deeper understanding of how damages are calculated in Missouri, you may find our guide on navigating insurance claims after an accident helpful.
Missouri’s Statute of Limitations
Under Missouri law, you generally have five years from the date of the accident to file a personal injury lawsuit. While that may seem like a long window, waiting too long can harm your case. Evidence deteriorates, witnesses become harder to locate, and insurance companies may use delays against you.
We recommend consulting with a distracted driving attorney as soon as possible after the accident. Early action gives your legal team the best opportunity to preserve evidence and build a thorough case. For more details on filing deadlines, see our article on statutes of limitations for personal injury cases in Missouri.
Why Local Representation Matters in Springfield
Springfield is our community. We know the intersections where distracted driving crashes happen most frequently, we understand the tendencies of local insurance adjusters, and we are familiar with the judges and courtrooms in Greene County. That local knowledge matters when building your case and negotiating a fair settlement.
Unlike high-volume firms that treat cases as numbers, The Law Office of Chad G. Mann provides one-on-one attention to every client. You will work directly with your attorney, receive honest communication about the strength of your case, and always know where things stand.
If you are dealing with the aftermath of a car accident caused by a distracted driver, whether it was a rear-end collision on I-44 or a failure to stop at an intersection on Glenstone Avenue, we are here to help you pursue the justice and compensation you deserve.
Frequently Asked Questions
How do I prove the other driver was distracted?
Your attorney can obtain evidence such as cell phone records, dashcam footage, witness statements, and police reports. Missouri’s hands-free law also means that if the other driver was holding a phone, they were violating state law, which strengthens your negligence claim.
How much does it cost to hire a distracted driving accident attorney?
Most personal injury attorneys, including our firm, work on a contingency fee basis. That means you pay nothing upfront and no legal fees unless we recover compensation for you.
What if the other driver denies they were on their phone?
Denial is common, but cell phone records and data logs do not lie. Your attorney can subpoena these records through the legal process to prove device usage at the time of the crash, regardless of what the other driver claims.
Can I still file a claim if I was partially at fault?
Missouri follows a pure comparative fault rule. Even if you were partially responsible for the accident, you can still recover compensation. However, your award will be reduced by the percentage of fault attributed to you.
What types of accidents are commonly caused by distracted driving?
Distracted driving frequently causes rear-end collisions, intersection crashes, sideswipe accidents, and pedestrian collisions. Because distracted drivers often fail to brake or take evasive action, these crashes tend to occur at full speed, resulting in more severe injuries.
Take the Next Step
If you or someone you care about has been injured by a distracted driver in Springfield or anywhere in Southwest Missouri, do not wait to get legal help. The sooner you act, the stronger your case will be.
Contact The Law Office of Chad G. Mann today at (417) 842-8679 to discuss your case. We offer a straightforward evaluation of your situation and will explain your options clearly, so you can make an informed decision about how to move forward.
