Injured in an accident caused by a driver on their phone in Independence, MO? Our seasoned texting and driving accident lawyers in Independence can help you recover the compensation you deserve.
If you were hit by a distracted driver in Independence, you know the damage goes beyond bent metal and broken glass. You’re dealing with medical bills, lost wages, physical pain, and the frustration of knowing this crash never should have happened.
The driver who chose their phone over your safety needs to be held accountable.
Our skilled Independence texting and driving accident attorneys know how to prove a driver was on their phone, even when they deny it.
At Beck & Beck Missouri Car Accident Lawyers, we gather phone records, traffic camera footage, witness statements, and vehicle data to show exactly what that driver was doing when they crashed into you.
Contact our legal team today for a free consultation.
Missouri’s Hands-Free Law and Your Claim
Missouri’s Siddens Bening Hands Free Law took effect on January 1, 2025. Under this law, all drivers are prohibited from holding or using a phone behind the wheel. This includes texting, calling, scrolling social media, watching videos, and using apps.
Before this law, texting while driving was only illegal for drivers under 21. Now it applies to everyone on the road in Missouri.
A violation of this law is strong evidence of negligence in your civil claim. Negligence means a driver failed to act with reasonable care, and that failure caused your injuries. You do not need a traffic ticket to have a valid case. Our Independence texting and driving accident lawyers can prove the driver was distracted using other evidence.
What Evidence Proves a Driver Was Texting?
Proving these cases comes down to showing what the driver was doing in the seconds before the crash. Distracted drivers rarely admit fault, so we know how to prove distracted driving by building the case ourselves.
Here is what we look for:
- Cell phone records: We subpoena call logs, text timestamps, and app activity from the driver’s carrier, because phone records can show exactly what they were doing at the time of the crash.
- Surveillance and dashcam footage: We check traffic cameras, nearby businesses, and any dashcam video for footage showing the driver looking down or failing to react.
- Event Data Recorder (EDR) data: An EDR, sometimes called a black box, records the vehicle’s speed and braking just before a collision. A “no braking” signature is a strong sign the driver was not paying attention.
- Witness statements: People who saw the driver holding a phone or driving erratically before the crash can be critical to your case.
- Police reports: We review crash reports carefully for any officer observations about phone use or inattentive driving.
Phone records and video footage can disappear quickly. Carriers purge data on a rolling schedule, and businesses overwrite security footage within days. The sooner you call us, the more we can preserve.
How We Build Your Case
From the moment you hire us, we get to work. We investigate the crash, gather evidence, and identify every party that may be responsible for your injuries.
Once we have built a strong case, we take it directly to the insurance company. We handle every call, every letter, and every negotiation on your behalf. You focus on healing while we fight for what you are owed.
If the insurance company refuses to make a fair offer, we are fully prepared to take your case to court. Some firms avoid trials. We do not.
What Compensation Can You Recover?
Missouri law allows you to seek compensation for every loss connected to the crash. That includes costs you have already paid and costs you will face in the future.
Economic Damages
These are the financial losses you can document with bills, pay stubs, and records:
- Emergency room visits, surgeries, hospital stays, and follow-up care
- Physical therapy, medications, and any medical equipment you need
- Future medical treatment if your injuries require ongoing care
- Lost wages for time you missed at work
- Reduced earning capacity if your injuries prevent you from returning to your previous job
- Vehicle repair or replacement
Non-Economic Damages
These cover the personal toll the crash has taken on your life:
- Physical pain and discomfort you experience day to day
- Emotional distress, anxiety, and difficulty sleeping since the crash
- Loss of enjoyment in activities you could do before the accident
- Impact on your relationship with your spouse or family
We track every loss and include it in your claim. Insurance companies count on injured people to overlook future costs and non-economic harm. We do not let that happen.
What If the Insurance Company Calls You?
Insurance adjusters often reach out within days of a crash. They sound helpful, but their job is to protect the insurance company’s bottom line, not yours.
Do not give a recorded statement. Do not speculate about your injuries or how the crash happened. Do not sign any forms they send you before speaking with an attorney.
Once you hire us, we take over all communication with the insurer. You will not have to take another call from them.
What If You Were Partly at Fault?
Missouri follows a pure comparative fault rule. This means you can still recover compensation even if you were partially responsible for the crash.
Your payout is reduced by your percentage of fault. For example, if you are found 25% at fault on a $100,000 claim, you would receive $75,000. Even if you were mostly at fault, you may still be entitled to something.
Insurance companies often try to inflate your share of the blame to reduce what they owe. Our Independence distracted driver accident lawyers push back on those arguments with the evidence we have gathered.
Steps to Take After a Texting and Driving Crash
What you do in the hours and days after the crash can have a real impact on your case. Here is what we recommend:
Step 1: Get Medical Attention Right Away
See a doctor the same day, even if you feel okay. Many serious injuries, including concussions and soft tissue damage, do not show symptoms immediately. A same-day medical record connects your injuries directly to the crash.
Step 2: Document the Scene
Take photos of both vehicles, the road, any skid marks, and your visible injuries. If there are witnesses nearby, get their names and contact information before they leave.
Step 3: Do Not Repair Your Vehicle Yet
Your car may contain important evidence, including EDR data and physical damage patterns. Do not authorize repairs until we have had a chance to preserve that information.
Step 4: Call Us Before You Talk to Anyone Else
The sooner we get involved, the more we can do to protect your claim. We will lock down evidence, handle the insurance company, and make sure you do not say anything that could hurt your case.
How Long Do You Have to File a Claim in Missouri?
In Missouri, you generally have five years from the date of the crash to file a personal injury lawsuit under RSMo Section 516.120. That may sound like plenty of time, but waiting is a serious mistake.
Video footage gets deleted. Phone records get purged. Witnesses forget what they saw. The evidence that wins these cases is often only available for a short window after the crash.
Contact us as soon as possible so we can start preserving everything right away.
Serving Independence and the Surrounding Area
We serve clients across Independence, Jackson County, and the greater Kansas City metro area. Our Independence office is located at 136 E Walnut St, Suite 351, and we are familiar with the roads where crashes happen most, including I-70, MO-291, Noland Road, 23rd Street, and US-24.
We know the local courts and how Missouri auto accident law works in this area. That local knowledge matters when we are building your case and negotiating on your behalf.
Contact Beck & Beck Missouri Car Accident Lawyers for a Free Consultation
If you were hurt by a texting driver in Independence, you do not have to figure this out alone. We handle everything so you can focus on getting better.
Our consultations are always free, we are available 24 hours a day, and you pay no fees unless we win. Contact us online to get started today.
Frequently Asked Questions
Can I Sue a Driver Who Hit Me While Texting in Independence, Missouri?
Yes. You can file a civil claim against the at-fault driver’s insurance, and if that does not result in a fair settlement, we can file a lawsuit on your behalf.
Will the At-Fault Driver’s Insurance Pay if They Were Texting?
Yes. Auto liability insurance covers crashes caused by negligent driving, and texting behind the wheel is a clear form of negligence under Missouri law.
How Do You Obtain the Other Driver’s Cell Phone Records?
We subpoena records directly from the driver’s cell phone carrier through the legal process. This is one of the main reasons it helps to hire an attorney quickly after the crash.
What Should I Do if the Insurance Company Asks for a Recorded Statement?
Politely decline and tell them you have hired an attorney. You are not required to give a recorded statement, and doing so before speaking with a lawyer can seriously damage your claim.
Can I Still Recover Compensation if My Injuries Seem Minor at First?
Yes. Symptoms from whiplash, concussions, and soft tissue injuries often worsen over several days. A quick settlement offer will rarely account for treatment you may need later.
Is There a Deadline to File a Texting and Driving Accident Claim in Missouri?
Missouri generally gives you five years from the crash date to file a personal injury lawsuit. However, critical evidence disappears within days, so contacting a lawyer right away gives your case the best chance of success.
