Distracted driving accidents in Florissant, Missouri, are particularly dangerous because distracted drivers often don’t brake or swerve before impact, frequently causing rear-end accidents that lead to severe injuries and property damage.
If you’ve been hurt by a driver who wasn’t paying full attention our experienced Florissant distracted driver accident lawyers can help. We will fight to get you fair compensation for your medical bills, lost wages, and pain and suffering.
Contact us today for a free, no-obligation consultation.
Â
Were you injured in an accident caused by a distracted driver in Florissant, Missouri? Beck & Beck Missouri Car Accident Lawyers specializes in auto accident law and can help. Call (314) 789-8369 for a free case evaluation.
Â
How Our Distracted Driver Accident Attorneys in Florissant Help With Your Claim
When you’re hurt by a distracted driver, attorneys Paul Beck and John Beck handle every part of your case so you can focus on healing.
Our investigation process starts immediately after we take your case. We gather phone records, interview witnesses, and work with experts to prove the other driver was distracted. We handle all communication with insurance companies to make sure they don’t twist your words or pressure you into a low settlement.
Here’s what our investigation includes:
- Phone records: We subpoena call logs and text message timestamps to prove phone use at the exact time of the crash
- Witness statements: We interview everyone who saw the at-fault driver’s behavior before or during the accident
- Video evidence: We obtain footage from traffic cameras, nearby businesses, and dashboard cameras
- Police reports: We analyze the responding officer’s notes, citations, and conclusions about fault
- Expert analysis: We work with accident reconstruction specialists to show exactly how the crash happened
We work on a contingency basis, which means you pay no fees unless we win your case.
What Counts as Distracted Driving Under Missouri Law
Distracted driving is any activity that takes your attention away from driving safely. This includes texting, talking on the phone, eating, or anything else that diverts your focus from the road.
Missouri’s Siddens Bening Hands-Free Law makes it illegal to hold or support a cell phone while driving. It’s designed to reduce accidents by keeping drivers focused on the road.
Under this law, drivers cannot:
- Hold a phone in any way while driving
- Text, email, or send other messages
- Record or watch videos
- Browse social media or the internet
- Play games on mobile devices
If you’re caught violating the hands-free law, you could face a fine and points on your license. More importantly, if you cause an accident while using your phone, you could be held responsible for serious injuries and damages.
What Should You Do After a Distracted Driving Crash in Florissant
Your safety comes first after any accident. Call 911 immediately to report the crash and get medical help. Even if you feel okay, adrenaline can hide serious injuries that show up later.
If you’re able to move around safely, there are steps you can take to protect your legal rights. These actions can make a big difference in your case later.
Steps To Take at the Scene and After
While you’re still at the scene, focus on gathering information that could help prove the other driver was distracted. Don’t worry about being thorough – your safety is more important than collecting evidence.
Here’s what you should do if you can safely manage it:
- Tell the responding police officer if you saw the other driver using their phone
- Take photos of the accident scene, vehicle damage, and final positions
- Get names and contact information from any witnesses
- Notice where the other driver’s phone ended up in their vehicle
- Seek medical attention immediately, even for minor pain
- Contact our experienced Florissant distracted driver accident lawyers before giving statements to insurance companies
Don’t admit fault or downplay your injuries, even if you feel fine at the scene. Insurance companies will use anything you say against you later.
Who Pays Your Medical Bills After a Distracted Driving Crash
Missouri follows an at-fault insurance system, which means the negligent driver’s insurance should pay for your medical expenses. However, insurance companies often delay these payments while they investigate the claim.
You shouldn’t have to wait weeks or months for medical treatment while insurance companies sort things out. Your health insurance or MedPay coverage on your auto policy can cover immediate costs while we pursue the at-fault driver’s insurance.
If you’re worried about affording medical care, don’t let that stop you from getting treatment. We work with medical providers who understand accident cases and may agree to wait for payment until your case settles.
The key is getting proper medical care right away. Delaying treatment can hurt both your health and your legal case.
Damages You Can Recover Compensation For
After a distracted driving accident, you can seek compensation for all the ways the crash has affected your life. Missouri law recognizes three main types of damages you can recover.
Type of Damages | What’s Included | Examples |
Economic | Measurable financial losses | Medical bills, lost wages, vehicle repairs, future medical care |
Non-Economic | Personal suffering and losses | Pain and suffering, emotional distress, loss of enjoyment |
Punitive | Punishment for reckless behavior | Awarded in cases of extreme negligence like texting while driving |
Economic damages are usually easier to calculate because they have specific dollar amounts. Non-economic damages require more work to prove, but they’re often the largest part of your compensation.
Punitive damages are less common but may apply if the driver’s behavior was particularly reckless. Texting while driving or other obvious violations of the hands-free law could qualify for punitive damages.
How We Prove Distracted Driving Caused The Accident
Building a successful distracted driving case requires moving fast to preserve evidence. Phone records can be deleted, and surveillance footage gets erased within days or weeks.
Our systematic approach starts the moment you hire us. Our experienced auto accident attorneys in Florissant immediately send preservation letters to prevent the destruction of critical evidence like phone records and video footage.
We then work to gather proof through multiple channels:
- Phone record subpoenas: We legally require cell phone companies to provide detailed records of calls, texts, and data usage
- Timeline reconstruction: We match phone activity to the exact time of your accident
- Witness interviews: We talk to everyone who might have seen the driver’s behavior
- Video analysis: We review footage from traffic cameras, businesses, and dashboard cameras
- Expert testimony: Accident reconstruction specialists help us show exactly how the crash happened
The goal is to create an undeniable timeline that shows the driver was distracted at the moment of impact. This evidence becomes the foundation of your entire case.
What If I Was Partially Responsible For the Accident
Missouri uses a pure comparative negligence system, which means you can still recover damages even if you share some fault for the accident. Your compensation gets reduced by your percentage of fault, but you don’t lose everything.
For example, if you’re found 35% at fault in a case worth $100,000, you can still recover $65,000. Even if you’re partially at fault, you may still be eligible to recover compensation.
Insurance companies know about this rule and often try to shift as much blame as possible onto you. They’ll look for any reason to say you contributed to the accident – maybe you were speeding slightly or didn’t brake fast enough.
We fight back against these tactics by focusing on the other driver’s illegal phone use. When someone breaks the hands-free law, it’s much harder for them to blame you for the accident.
How Long Do You Have To File a Claim in Missouri
Missouri gives you five years from the date of your accident to file a personal injury lawsuit. This deadline is called the statute of limitations, and it’s absolutely firm. Miss this deadline, and you lose your right to recover any compensation.
Five years might seem like plenty of time, but it’s not as long as you think. The sooner you contact us, the better chance we have of preserving the evidence you need to win your case.
Auto Accident Law Firm in Florissant, Missouri
If you’ve been hurt by a distracted driver in Florissant, you don’t have to handle the legal process alone. Our knowledgeable attorneys are here to take the legal burden off your shoulders so you can focus on getting better.
Our family-run firm helps accident victims every step of the way. We handle every case personally, which means you’ll work directly with experienced attorneys who know Missouri auto accident law inside and out.
Contact us online to request your free case review. Let us fight for the compensation you deserve while you focus on healing.