Missouri's hands-free driving law changed the rules for every driver on the road, and it gave injured people a stronger footing when a distracted driver causes a crash. At DM Injury Law, we help people hurt by phone-distracted drivers across Blue Springs and nearby communities like Independence, Lee's Summit, and Grain Valley.
If a distracted driver hurt you, call us at 816-705-3500 for a free consultation.
Key Takeaways about Texting While Driving Lawsuits in Missouri
- Missouri's Siddens Bening Hands Free Law (RSMo § 304.822) took effect on August 28, 2023, with full ticketing enforcement starting January 1, 2025.
- The law bars drivers from holding or supporting a phone, texting, or watching video while driving, though hands-free features remain legal.
- A driver who breaks the law may be found negligent, which can strengthen an injured person's case for compensation.
- Cell phone records can be requested through the legal discovery process in a Missouri injury claim.
- Injured people in Missouri generally have five years to file a personal injury lawsuit.
What Does Missouri's Hands-Free Driving Law Require?
Missouri's hands-free driving law prohibits drivers from holding or physically supporting a cell phone or other electronic device while operating on a highway or property open to public vehicular traffic. Signed as Senate Bill 398 and codified at RSMo § 304.822, the measure is officially called the Siddens Bening Hands-Free Law. It bans texting, scrolling, dialing by hand, and watching or recording video behind the wheel.
Drivers can still use hands-free tools like Bluetooth, voice commands, and a mounted GPS. The law took effect on August 28, 2023, and after a grace period, officers began issuing tickets on January 1, 2025.
How Does a Hands-Free Violation Affect Your Right to Compensation?
A driver who violates Missouri's hands-free law can be found negligent, which is often the central issue in a texting while driving lawsuit in Missouri.
Missouri courts recognize that breaking a safety statute meant to protect the public can serve as strong evidence of negligence, and in some cases, it supports what the law calls negligence per se, meaning the violation itself helps show the driver failed to use reasonable care.
That matters because negligence is what you must prove to recover money for medical bills, lost wages, and pain and suffering. When we can show a driver was on a handheld phone, the path to accountability becomes clearer. This is one of several forms of driver misconduct we see, alongside other forms of driver negligence that cause accidents in Blue Springs.
Phone Records and Your Missouri Distracted Driving Claim
Cell phone records can become powerful evidence in a phone records car accident case in Missouri. Through the legal discovery process, our team can request call logs, text timestamps, and data usage from the at-fault driver's carrier, often by subpoena. These records can show whether a driver was texting or scrolling at the moment of impact.
While a driver can decline a roadside search of the device during a traffic stop, that protection does not block a civil attorney from seeking records through the court. In our work with injured drivers, timing is everything, so we move quickly to preserve this evidence before it disappears.
Deadlines to File a Distracted Driving Claim in Missouri
Missouri gives injured people a limited window to take legal action. Most personal injury claims, including those from distracted driving crashes, must be filed within five years of the injury under Missouri law. For wrongful death claims, the statute of limitations is three years. Waiting too long can bar your claim entirely, no matter how strong the evidence.
Acting early also helps us gather phone records, witness accounts, and crash data before they disappear. If you were hit by a distracted driver on I-70, US 40, or a Blue Springs side street, you can learn more about car accident claims in Blue Springs, Missouri, and how we build them.
How Our Blue Springs Team Handles Distracted Driving Cases
With more than $1 billion recovered for our clients, DM Injury Law has the strength to stand up to insurance companies that try to downplay your injuries.
We investigate the crash, secure phone and vehicle data, and calculate the full value of your losses. From our first call through the final settlement or verdict, our Blue Springs distracted driving accident attorneys keep you informed and fight for the compensation you deserve. Serving Blue Springs, Independence, Lee's Summit, and Grain Valley, we are ready when you need us.
FAQs about Missouri Hands-Free Driving Law
Here are answers to common questions we hear about Missouri's hands-free driving law and injury claims.
What Phone Use Does the Hands-Free Law Still Allow?
Hands-free features remain legal. Drivers can use Bluetooth, voice-to-text, speakerphone, and a mounted GPS, as long as they are not holding or supporting the device.
What Are the Penalties for Violating Missouri's Hands-Free Law?
A first offense brings up to a $150 fine, rising to $250 and $500 for repeat violations. Fines climb higher in work zones, and a violation that causes serious injury or death can lead to jail or prison time.
Does a Distracted Driving Ticket Help My Injury Claim?
Yes, a citation can support your case. It provides documented proof that the other driver broke a safety law, which strengthens the argument that they acted negligently.
Can I Recover Compensation If I Was Partly at Fault?
Often, yes. Missouri follows a pure comparative fault rule, so you can still recover money even if you share some blame, with your award reduced by your percentage of fault.
Do I Need a Lawyer for a Distracted Driving Claim in Blue Springs?
A lawyer is not required, but having one helps level the field against insurance companies. We handle the evidence, deadlines, and negotiations so you can focus on healing.
Can I still prove the driver was on the phone if they didn't get a ticket?
Often, yes. A ticket helps but is not required, since a civil injury claim carries a lower burden of proof than a criminal charge, and phone use can still be shown through cell phone records, witness accounts, nearby video, and the driver's own statements. We handle cases just like this, and we are here to help.
Talk to a Blue Springs Distracted Driving Lawyer Today
A distracted driver made a choice, and you should not have to pay the price for it. Getting help early gives you the strongest chance at full compensation.
Facing injuries from a distracted driving crash in Blue Springs? Our battle-tested team is ready to fight for your maximum compensation. Call DM Injury Law at 816-705-3500 for your free case evaluation. We're available 24/7 and don't get paid unless we win.
Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.
