Missouri's New Hands-Free Law and How it Affects Personal Injury Claims

Missouri is stepping up its fight against distracted driving with the introduction of the new hands-free law, prohibiting drivers from using handheld devices behind the wheel. This game-changing legislation is designed to curb accidents caused by distractions, but it also brings new implications for personal injury claims. With this law, determining fault in distracted driving cases may become more straightforward, but the legal process is evolving, and understanding how to approach these cases is more important than ever.

Cooper Law Firm is here to guide families through this shifting legal terrain with knowledge and care. If you or someone you love has been involved in a distracted driving accident, our team is prepared to help you understand how Missouri’s hands-free law impacts your claim. From clarifying negligence to pursuing fair compensation, we’re committed to helping you take actionable steps to protect your rights. 

Understanding Missouri's Hands-Free Law (Effective January 1, 2025)

An important distinction about Missouri’s hands-free law is that it’s classified as a secondary enforcement law. This means law enforcement officers cannot pull a driver over solely for violating this law. However, if a driver is stopped for another valid traffic violation, such as speeding or running a stop sign, they can then be cited for using a handheld device. The secondary enforcement status has sparked conversation about its effectiveness in fully deterring distracted driving, as it places limitations on how actively the law can be enforced. 

Here’s a breakdown of what the law prohibits and what remains allowed:

Prohibited Under the New Law

• Holding a phone or other device while driving.
• Using a handheld device for texting, typing, or scrolling.
• Making phone calls without hands-free technology.
• Watching, recording, or broadcasting videos while driving.
• Using social media apps or interacting with the screen in any handheld manner.

Allowed Under the New Hands-Free Law:

• Using hands-free technology like Bluetooth, speakerphone, or voice commands.
• Operating a GPS device if it’s mounted or built into the vehicle.
• Calling emergency services while driving.
• Making hand-free calls or audio interactions.

Understanding how Missouri’s hands-free law influences personal injury claims and compensation is essential for anyone affected by a distracted driving incident. This law shapes the way negligence is assessed, which could directly impact the strength or complexity of your case. Since the law operates as a secondary enforcement measure, being pulled over for another violation and subsequently cited for handheld device use raises important legal questions about rights and proper enforcement. Recognizing these nuances can make all the difference in protecting your interests and ensuring fair treatment.

Distracted Driving as Negligence in Missouri Personal Injury Cases

Distracted driving is one of the most common causes of accidents and can easily meet the legal standard for negligence in Missouri personal injury cases. To establish negligence, it must be shown that the distracted driver failed to demonstrate a duty of reasonable care while operating their vehicle, leading to the accident. Reasonable care refers to the actions that a reasonably prudent person would take to avoid causing harm to others. 

Missouri’s hands-free law takes this standard of care a step further by explicitly prohibiting the use of handheld devices while driving. This legal requirement can serve as a powerful piece of evidence in personal injury claims. If a defendant is found to have violated this law at the time of the accident, it strengthens the argument that they were acting negligently. The hands-free law doesn’t just highlight the driver’s fault; it provides clear legal backing that their actions fell short of acceptable standards. 

Building Your Personal Injury Case: Evidence Under the New Law

Building a strong personal injury case under Missouri's new hands-free law requires gathering solid evidence to prove that distracted driving played a critical role in the accident. This legislation strengthens claims by providing a clear legal framework, but success still depends on the quality and relevance of the evidence you present. Key types of evidence that can support your case include:

• Police reports and citations are used to document the details of the accident and any immediate violations of the hands-free law.
• Cell phone records were used to determine if the driver was actively using their device at the time of the crash.
• Witness testimony from those who saw the accident unfold, offering firsthand accounts of any distracted behavior.
• Dash cam footage or surveillance video that captures the incident and provides a visual record of the driver’s actions before the collision.

These elements help establish negligence by showing that the at-fault party violated their duty of care through distracted driving. With the hands-free law as a foundation, robust evidence can significantly strengthen your case and improve your chances of securing fair compensation.

Missouri's Comparative Negligence Rule and the Hands-Free Law

Missouri follows a comparative negligence rule, which means that fault in an accident is divided among all parties involved based on their contribution to the incident. Under this rule, your compensation is reduced by the percentage of fault assigned to you. When combined with the new hands-free law prohibiting the use of handheld devices while driving, the comparative negligence rule can significantly impact how personal injury claims are handled. Violating the hands-free law is a clear indicator of negligence, which might weigh heavily against an at-fault driver when determining liability.

Understanding how shared fault impacts compensation is critical, especially under Missouri's legal framework. Here’s how it works:

• If both drivers share fault, your recovery amount will be reduced proportionally (e.g., 30% fault equals a 30% reduction).
• If your fault exceeds 50%, you may be barred from receiving compensation altogether.
• Proving the other driver’s distraction or violation of the hands-free law can increase their percentage of fault, maximizing your potential recovery.

This makes proving the other driver’s use of a handheld device at the time of the crash particularly vital. Demonstrating clear negligence through evidence like cell phone records or eyewitness accounts not only strengthens your case but also reduces the likelihood that liability will unfairly fall on you. The hands-free law serves as a crucial tool in showing that certain behaviors violated a reasonable standard of care, tipping the scales in your favor during a claim.

Types of Injuries and Damages from Distracted Driving Accidents

Distracted driving is a major cause of crashes across the country. With more people using smartphones and in-car technology, it's increasingly tempting to glance away from the road, even if it's just for a second. But these brief moments of inattention can lead to devastating car accidents, causing serious harm to everyone involved. Distracted drivers put their own lives at risk and expose others to severe injuries and financial hardship.

When a distracted driving accident happens, victims often deal with a variety of damages that can turn their lives upside down. These are some of the most common types of damages drivers and passengers can seek compensation for:

• Medical Expenses: This includes everything from immediate care and surgeries to rehabilitation and long-term treatments.
• Lost Wages: If your injuries keep you from working, you can seek compensation for the income you've lost.
• Reduced Earning Capacity: If your injuries prevent you from returning to your previous job or career path, you may be compensated for the impact on your future earnings.
• Pain and Suffering: This covers both the physical pain and emotional distress caused by the accident.
• Property Damage: This includes damage to your vehicle and any other personal items involved in the crash.

The good news is that the law allows injured parties to seek compensation for these losses. By filing a personal injury claim, you can pursue the financial recovery needed to cover both your immediate and long-term costs. It's really important to work with an experienced attorney, as they'll make sure all your damages are accounted for.

Steps to Take After an Accident with a Potentially Distracted Driver

After an accident with a potentially distracted driver, it’s important to take immediate steps to protect your safety and your legal rights. Acting quickly can ensure you document key details while prioritizing your health and well-being. Follow these steps to handle the situation effectively:

1. Ensure safety by moving to a safe location if possible and checking on everyone involved in the accident.
2. Call the police to report the accident and have an official report created, which can serve as vital evidence.
3. Gather evidence by taking photos of the scene, damage to vehicles, injuries, and any factors that may indicate distracted driving, such as a phone still in the other driver’s hand.
4. Seek medical attention immediately, even if injuries seem minor, as some symptoms may not appear until later.
5. Contact an attorney to understand your rights, build a strong case, and handle communication with insurers and the at-fault party.

Taking these steps not only ensures your safety but also strengthens your ability to seek compensation for any damages or injuries caused by the distracted driver. An experienced attorney will guide you through the process, ensuring no critical details or evidence are overlooked.

How Cooper Law Firm Can Help You After a Distracted Driving Accident in Cape Girardeau

Distracted driving poses a serious risk on our roads, leading to accidents that cause life-altering injuries and significant financial strain. When these incidents occur, the impact can ripple through every part of a victim’s life. At Cooper Law Firm, we are dedicated to helping individuals and families in Cape Girardeau handle the complexities of distracted driving cases with confidence and care.

Our experienced team will work closely with you to pursue fair compensation for medical bills, lost income, and other damages, ensuring every aspect of your case is addressed. If you’ve been affected by a distracted driver’s actions, contact Cooper Law Firm today.