Distracted Driving in Missouri- What You Need to Know
With the rise of technology and hand-held devices in recent years, the message is clear: don’t text and drive. Yet, despite this widespread awareness, many of us still find ourselves using our phones behind the wheel, often feeling as though there simply aren’t enough hours in the day to wait until parked. Our minds are constantly pulled in multiple directions, multitasking more than ever before.
Even when we consciously avoid using our phone while driving, we may still engage in other forms of distraction, sometimes without even realizing it. These distracted behaviors contribute to a significant number of auto accidents nationwide. In fact, the National Highway Traffic Safety Administration (NHTSA) reported that distracted driving claimed 3,275 lives in 2023 alone.
Snapping a quick selfie or sending one last work email while driving may seem harmless—or even necessary—but these actions carry serious risks. Distracted driving is dangerous, and the resulting accidents can be deadly. If you or a loved one has been injured in a distracted driving accident, our team at Wallentine Injury Law is here to help. Our Missouri attorneys have extensive experience in handling personal injury cases involving auto accidents, including those caused by distracted driving. Contact us today to schedule a free consultation.
What is Distracted Driving?
As mentioned, distracted driving is not a new concept, and most of us understand what it constitutes. Technology has become an integral part of our everyday lives, so we are well aware that using a phone while driving is discouraged. However, distracted driving extends far beyond just using a phone behind the wheel.
The Centers for Disease Control and Prevention (CDC) establishes three main categories of distracted driving under which all types of distractions fall: visual, manual, and cognitive.
- Visual- Distractions that take your eyes away from the road
- Looking at your phone
- Observing a roadside attraction
- Looking at a passenger
- Manual- Distractions that take your hands off the wheel:
- Eating
- Adjusting the radio
- Handing something to a passenger
- Cognitive- Distractions that take your mind away from driving:
- Daydreaming
- Talking with a passenger
Distracted driving is not limited to just the examples listed above. While phone use is the most commonly recognized and publicized form, it is important to raise awareness about the many other forms of distraction. Understanding the scope of distracted driving helps promote safer driving habits on the road and may also support your personal injury claim if an accident occurs.
How is Distracted Driving Affecting Missouri Drivers?
Distracted driving continues to have a serious impact on motorists across the country, but the effects are especially pronounced in Missouri. It remains the leading cause of motor vehicle accidents in the state, occurring daily on Missouri roadways. Consider the following statistics related to distracted driving in Missouri:
- In 2023, 106 people were killed in distracted driving crashes.
- Of those fatalities, 52% were individuals other than the distracted driver.
- Missourians consistently identify cell phone use as one of the most concerning behaviors they observe on roadways.
- A higher percentage of distracted drivers are male compared to females.
- The age group most susceptible to distracted driving is 20–29, with 105 drivers involved between 2020–2024. The 30–39 age group follows, with 81 drivers.
- In 2024, November recorded the most distracted driving fatalities with 15.
- Between 2020-2024, passenger cars were the most commonly involved vehicle type in distracted driving accidents, accounting for 128 incidents.
- Between 2020-2024, the vast majority of distracted driving fatalities occurred in the Kansas City and St. Louis metropolitan areas.
Beyond the statistics, the physical, emotional, and financial toll of distracted driving can be overwhelming for victims and their families. The impact isn’t limited to the moment of the crash—it often extends for months or even years, depending on the severity of the injuries and losses involved. At Wallentine Injury Law, we approach each case with empathy and compassion, understanding the profound effects distracted driving can have. Contact our team today to begin your healing journey.
What is Missouri Doing to End Distracted Driving?
Laws and Statutes
With the troubling statistics surrounding distracted driving in Missouri, it’s natural to ask: Is the state doing anything to address this issue? The answer is yes. Both the Missouri state government and the Department of Transportation (MoDOT) have recognized the dangers of distracted driving and have taken significant steps in recent years to combat it.
One of the most notable measures is the implementation of the Siddens-Benning Hands-Free Law, which took effect in August 2023. This law directly targets the most common form of distracted driving: phone use behind the wheel. It is named in honor of Randall Siddens and Michael Bening—two individuals who tragically lost their lives to a distracted driver—serving as both a legislative response and a tribute to their families.
Under Missouri Revised Statutes § 304.822, the law makes it illegal for drivers to hold or support a cell phone or other electronic device with any part of their body while operating a vehicle. However, drivers may still use hands-free features such as speakerphone, vehicle-integrated systems, or Bluetooth devices. An important exception allows individuals to use their phones to contact emergency services or report a crime.
This hands-free requirement differs from neighboring Kansas, where only texting while driving is explicitly prohibited.
Enforcement of the Siddens-Bening Hands-Free Law went into effect January 1, 2025. Missouri follows a secondary enforcement model, meaning that an officer cannot pull you over and issue a citation for simply breaking the hands-free law. Instead, an officer must witness a separate traffic offense before issuing a citation for phone use.
For a first offense within a two-year period, fines can reach up to $150. Penalties increase with greater frequency of the action and in sensitive locations such as a school zone. The most severe consequences—including higher fines or potential jail time—apply when distracted driving results in a severe crash or fatality.
Campaigns
In addition to legal measures, Missouri supports two major safety campaigns aimed at reducing distracted driving and encouraging motorists to stay focused on the road.
- Buckle Up Phone Down- This MoDOT safety campaign encourages drivers to buckle up with their seat belt and not use their phone every time they are driving a vehicle. Only a few states across the nation do not participate in this campaign, highlighting Missouri’s active role in promoting driver safety.
- Distracted Driving Awareness Campaign- Each April, Missouri and many other states observe National Distracted Driving Awareness Month. This campaign reinforces the Buckle Up Phone Down mission, but with an added focus on the idea that “safety is a two-way street.”
While Missouri continues to make meaningful progress in combating distracted driving, these accidents unfortunately still occur and often result in serious injuries. If you or a loved one has been harmed in a distracted driving accident, don’t wait to seek support.
Distracted Driving Personal Injury Claim
In the unfortunate event you are involved in a distracted driving incident, it’s important to understand the legal implications that may follow when pursuing an injury case. We recommend contacting our team of experienced attorneys as soon as possible after the incident. Taking prompt action not only protects your rights but also helps establish the necessary groundwork for a successful claim. In the meantime, here are a few key legal considerations to be aware of:
Statute of Limitations
Under Missouri law (Missouri Revised Statutes § 516.120), the statute of limitations is five years for personal injury claims, including those involving distracted driving. This means you have five years from the date of the accident to file a claim. Timeliness is of the essence to ensure you do not get barred from filing a claim.
Comparative Fault
Missouri follows a pure comparative fault rule as codified in the Missouri Revised Statutes § 537.765. This simply means that fault can be shared among multiple parties. As the plaintiff, you may still recover damages even if you are found to be up to 99% at fault. While this may be less commonly applied in distracted driving cases—where liability often falls clearly on the distracted driver—it still offers important legal protection and flexibility in securing compensation.
Compensation
Distracted driving accidents often involve extremely reckless and avoidable behavior. Therefore, when they cause harm, victims deserve adequate compensation. The amount awarded depends on the severity of the injuries and the degree of liability. Common damages awarded in a distracted driving accident case include:
- Economic damages- medical bills, lost wages, vehicle damage expenses, etc.
- Non-economic damages- pain and suffering, emotional distress, etc.
- Punitive damages
At Wallentine Injury Law, we work relentlessly to secure the compensation our clients deserve after a tragic accident. Negligent, distracted drivers must be held accountable through this kind of legal action.
Injured in a Distracted Driving Accident? Contact Wallentine Injury Law Today
Distracted driving has become an all-too-common habit among motorists. While sending a quick text or answering a call may seem harmless in the moment, even brief distractions can have deadly consequences. At Wallentine Injury Law, we treat all personal injury cases with the seriousness they deserve, including those involving distracted driving.
We understand how deeply a car accident can disrupt your life, and our goal is to help you regain a sense of normalcy. Call us today at 816-934-6333 or contact us online to schedule your free consultation. Your story deserves to be told—and our dedicated team of attorneys is here to listen. You Need Jerry!
