Hurt in an accident caused by a distracted driver in Florissant, MO? Our seasoned Florissant texting and driving accident lawyers can help you recover compensation after a crash caused by a distracted driver.
When a driver in Florissant looks down at their phone, they’re making a choice that can destroy lives in seconds. That text, notification, or social media update pulls their eyes off the road, their hands off the wheel, and their mind away from driving.
It’s why texting behind the wheel causes some of the most devastating crashes we see on Missouri roads.
Since Missouri’s Siddens Bening Hands Free Law took effect, physically holding or using a phone while driving is illegal. When someone breaks this law and crashes into you, that violation becomes powerful evidence of their negligence.
But proving a driver was texting takes more than suspicion, it requires phone records, app data, and witness statements that must be secured quickly before they disappear.
Our skilled Florissant texting and driving accident lawyers know exactly how to build these cases because we handle nothing but Missouri auto accidents.
At Beck & Beck Missouri Car Accident Lawyers, we move fast to subpoena cell phone records, secure traffic camera footage, and document the evidence that proves the other driver chose their phone over your safety.Â
While you focus on recovering from your injuries, we handle the insurance companies and fight for every dollar you deserve. Contact us today for immediate legal assistance.
What Is Considered Texting and Driving in Missouri?
Texting and driving is any handheld phone use that pulls your eyes, hands, or attention away from the road. This includes reading a message, typing a reply, scrolling social media, or watching a video while behind the wheel.
What makes texting so uniquely dangerous is that it combines all three types of distraction at once: visual, manual, and cognitive. A driver who glances at their phone for just a few seconds is traveling blind through traffic.
Does Missouri’s Hands-Free Law Strengthen Your Claim?
Missouri’s Siddens Bening Hands Free Law prohibits all drivers from physically holding a phone, typing, or streaming video while operating a vehicle. Enforcement began January 1, 2025, and violations carry fines of up to $150 for a first offense.
When a driver breaks this law and causes a crash, that violation can be used as evidence of negligence. In legal terms, this is called negligence per se, meaning the law itself helps establish that the driver failed their duty to keep others safe. This significantly strengthens your injury claim.
How Do We Prove the Other Driver Was Texting?
Proving a driver was on their phone takes more than suspicion. Our Florissant texting and driving accident attorneys build your case using hard evidence gathered quickly before it disappears.
Cell Phone and App Records We Subpoena
We obtain a court order to subpoena the at-fault driver’s carrier records and app usage logs. By cross-referencing the exact time of impact with their data activity, we can show whether they were texting, streaming, or browsing at the moment of the crash.
Video Footage and Witnesses We Track Down
Our team moves fast to secure dashcam footage, traffic camera recordings, and video from nearby businesses. Eyewitness statements are also collected early, since bystanders who saw the driver looking down at their phone can be among the most powerful evidence in your case.
Vehicle Black Box Data
Most modern vehicles contain an Event Data Recorder that captures speed, braking, and steering inputs in the seconds before a crash. A driver who never braked before impact is a driver who was not watching the road.
What Compensation Can You Recover After a Texting Crash?
Missouri’s at-fault insurance system means the driver who caused your crash is financially responsible for your losses. We calculate every past and future cost so that no damage goes uncompensated.
Medical Bills and Future Care
We pursue compensation for your emergency treatment, surgeries, hospital stays, physical therapy, and medications. We also work with your medical team to project future care costs, so you are not left paying those bills out of pocket later.
Lost Income and Reduced Earning Power
If your injuries have kept you out of work, we fight to recover every paycheck you have missed. If a permanent injury limits what you can earn going forward, we pursue compensation for that lost future income as well.
Pain, Suffering, and Emotional Distress
Physical injuries are only part of what a serious crash takes from you. We fight to recover compensation for the pain, anxiety, sleep loss, and emotional toll that follow a traumatic collision.
Vehicle Damage and Out-of-Pocket Costs
We help you recover the cost of repairing or replacing your vehicle, along with any other out-of-pocket expenses, such as rental cars and transportation to medical appointments.
What If You Were Partially at Fault?
Insurance companies routinely try to pin some blame on the injured person to reduce what they owe. Even if you played a role in the crash, Missouri law still protects your right to recover.
Missouri follows a pure comparative fault rule under RSMo Section 537.765. This means your compensation is reduced by your percentage of fault, but you are never completely barred from recovering. Here is how it works in practice:
- If you are found 20% at fault on a $100,000 claim, you recover $80,000.
- If you are found 60% at fault, you still recover $40,000.
- There is no fault threshold that cuts off your right to compensation in Missouri.
Our Florissant distracted driver accident lawyers push back hard when adjusters try to shift blame onto you unfairly.
What Should You Do After a Texting and Driving Crash in Florissant?
What you do in the hours after a crash can directly affect the strength of your claim. Here are the steps we recommend.
Step 1: Call 911 and Get Medical Attention
Call the police so there is an official accident report on file. Accept medical care at the scene, even if your injuries feel minor, because some conditions like whiplash or a concussion may not show symptoms right away.
Step 2: Document the Scene and Gather Witness Information
Take photos of the vehicles, road conditions, and any visible injuries before moving anything. If bystanders saw what happened, ask for their names and phone numbers before they leave.
Step 3: Do Not Give a Recorded Statement to Insurers
Notify your insurance company that the crash occurred, but do not agree to a recorded statement. Adjusters are trained to ask questions that lead you to say things that can be used to reduce your payout.
Step 4: Call Beck & Beck Before You Speak to the Other Driver’s Insurer
The at-fault driver’s insurance company will contact you quickly. Let us handle that communication from the start. The sooner we get involved, the better protected your claim will be.
Speak with a Florissant car accident attorney any time, day or night. Call (314) 207-9996.
How Our Florissant Legal Team Handles Your Case
When you hire us, we take the entire legal process off your plate. You focus on healing. We handle the rest.
- Medical coordination: We help connect you with the right doctors and specialists so your injuries are properly treated and documented.
- Insurance negotiations: We deal directly with adjusters and refuse lowball offers on your behalf.
- Trial preparation: We build every case as if it is going to trial, which gives us real leverage at the negotiating table.
- Contingency fee: You never pay a dollar unless we win your case.
How Long Do You Have to File a Texting Crash Claim in Florissant?
Missouri gives injury victims five years from the date of the crash to file a personal injury lawsuit under RSMo Section 516.120. If the crash caused a death, the wrongful death deadline is three years.
Claim Type | Filing Deadline |
Personal Injury | 5 years from the crash date |
Wrongful Death | 3 years from the date of death |
Five years may sound like plenty of time, but cell phone records, surveillance footage, and witness memories do not last that long. The sooner you contact our team, the more evidence we can preserve.
Contact Our Florissant Car Accident Lawyers for a Free Consultation
You should not have to fight an insurance company while you are trying to recover from a serious injury. At Beck & Beck Missouri Car Accident Lawyers, we’ve been standing up for people like you for decades, and we continue to fight for the full compensation our clients deserve across Missouri.
We are a family firm. We treat every client personally, and we are always honest with you about where your case stands. Contact us online to schedule your free, no-obligation consultation today.
FAQs: Florissant Texting and Driving Accident Claims
Is It Illegal to Text While Stopped at a Red Light in Missouri?
Yes, Missouri’s hands-free law applies any time you are operating a vehicle on a public road, including when you are temporarily stopped at a red light or stop sign.
Can We Subpoena the Other Driver’s Cell Phone Records?
Yes. We can obtain a court order to access the at-fault driver’s carrier records and app data. Those records are timestamped and can show exactly what the driver was doing at the moment of the crash.
Will the At-Fault Driver’s Insurance Company Deny My Claim?
Insurance companies frequently dispute or undervalue texting and driving claims. We counter their tactics by presenting documented evidence of the driver’s phone use and the full extent of your injuries.
Can I Recover Punitive Damages for a Texting and Driving Crash?
Punitive damages may be available when a driver’s behavior was especially reckless, such as watching videos or live streaming while driving at highway speeds. These damages go beyond your actual losses and are meant to punish the wrongdoer.
What If the Texting Driver Was on the Job When the Crash Happened?
If the driver was working at the time, their employer may also be held responsible under a legal theory called vicarious liability. This can open up additional insurance coverage, including commercial policies with much higher limits.
