A distracted driver chose to look at their phone. You didn't choose to be hit. Missouri law gives you the right to hold them accountable — and Bur Oak Legal knows exactly how to build that case, from subpoenaing cell phone records to preserving dashcam footage before it disappears.
(573) 499-0200 — free consultationDistracted driving is one of the most preventable causes of serious injury on Missouri roads — and one of the most difficult for insurance companies to deny when the evidence is properly gathered. Cell phone records don't lie. At the moment of impact, the data shows whether a driver was calling, texting, scrolling social media, or using an app. That record is subpoenaable, and it is often decisive.
Missouri's Siddens Bening Hands-Free Law, now codified at RSMo §304.822, makes clear that all drivers — regardless of age — are prohibited from holding or using a handheld device while behind the wheel. A driver who violated this law when they hit you has committed negligence per se. That's a powerful starting point for a personal injury claim.
Chris Miller represents distracted driving accident victims across central Missouri. Call (573) 499-0200 or contact us online for a free consultation — no obligation, no fee unless we win.
Before entering private practice, Chris Miller worked as a government attorney at the Missouri Division of Workers' Compensation — the state administrative body where disputed injury claims are heard and decided. He knows firsthand how insurance companies and state agencies evaluate injury cases, what evidence carries weight, and how to build a record that holds up under scrutiny. That inside perspective shapes how he approaches every accident case.
Distracted driving is not a fringe problem — it kills thousands of people every year, and Missouri drivers are not immune. Understanding the scale helps explain why insurers fight these claims so hard, and why having strong evidence is everything.
Sources: NHTSA Distracted Driving · RSMo §304.822
Distraction comes in three forms: visual (eyes off the road), manual (hands off the wheel), and cognitive (mind off the task). The most dangerous distractions involve all three simultaneously. Any of these can form the basis of a negligence claim.
Texting is the most dangerous form of distraction — it takes eyes off the road for an average of five seconds. Under RSMo §304.822, all handheld device use while driving is prohibited. A citation or cell phone records showing activity at the moment of impact is powerful evidence of negligence.
Reaching for food or a beverage takes at least one hand off the wheel and typically pulls attention away from the road. Drivers who eat while driving are significantly more likely to be involved in a collision — and this behavior, while legal, still constitutes negligence when it causes a crash.
Adjusting GPS navigation, changing radio stations, or interacting with a touchscreen infotainment system creates significant visual and manual distraction. Modern vehicles pack screens with extensive features — and drivers who program destinations or scroll playlists at speed are gambling with others' lives.
Intense or emotionally charged conversations — whether with passengers, on a hands-free call, or by voice-to-text — divide a driver's cognitive attention. A driver deep in an argument or an upsetting phone call may be physically looking at the road while mentally absent from driving.
Using a device or a vehicle screen to read work communications, messages, or documents while moving combines visual and cognitive distraction at their worst. This behavior often reflects a driver's choice to prioritize productivity over the safety of everyone around them.
Mental distraction is the most common form of distracted driving — a driver whose mind wanders from the task of driving is cognitively impaired even without a device in hand. While harder to prove, the vehicle's event data recorder, lack of braking evidence, and witness accounts can establish that a driver simply wasn't paying attention.
Evidence in distracted driving cases disappears fast. Cell carriers delete records. Dashcam footage overwrites. Surveillance video gets erased. The moment you call us, we begin preserving every piece of evidence that proves what happened.
Your case begins with a comprehensive, no-cost review of your accident details, injuries, and losses. We identify all responsible parties, assess potential case value, and explain your legal options clearly — so you can make an informed decision without any pressure. Call (573) 499-0200 or reach out online.
We move immediately to gather and preserve the evidence that proves distraction. This includes subpoenaing cell phone records to show activity at the moment of impact, securing dashcam and business surveillance footage before it overwrites, collecting witness statements, obtaining the police report, and analyzing the at-fault driver's vehicle event data recorder — which records speed, braking, and steering inputs in the seconds before impact.
Insurance companies routinely try to shift blame onto accident victims to reduce their payout. Missouri's pure comparative fault system under §537.765 RSMo means that any percentage of fault assigned to you reduces your recovery — so we fight hard against unfair blame-shifting. We aggressively negotiate for the full value of your medical expenses, lost wages, property damage, and pain and suffering.
When insurance companies refuse to offer fair compensation, Chris Miller takes cases to court. He has tried cases before Missouri juries and has litigated a case that reached the Missouri Supreme Court — expanding the rights of working Missourians statewide. If your case needs a trial, you will be prepared and represented by the same attorney who handled your case from day one.
Missouri's Siddens Bening Hands-Free Law, effective August 28, 2023, fundamentally changed the legal landscape for distracted driving accident claims in the state. Under RSMo §304.822, all Missouri drivers — regardless of age — are prohibited from holding or using a handheld electronic communication device while operating a motor vehicle. Enforcement through traffic citations began January 1, 2025. Before this law, Missouri was one of only a few states without a complete ban on texting for adult drivers. Now, a driver who was using a handheld phone at the time of your crash was violating a specific Missouri statute — and that statutory violation is evidence of negligence per se. Cell phone carrier records showing calls, texts, or app activity at the exact time of the accident can corroborate that violation and significantly strengthen your claim for compensation.
Missouri follows a pure comparative fault system under §537.765 RSMo, which means that even if you were partially responsible for the accident, you can still recover compensation — your damages are simply reduced by your percentage of fault. Insurance adjusters know this and will often exaggerate your share of fault to minimize their payout. An experienced car accident attorney can counter those arguments with evidence. The statute of limitations under §516.120 RSMo gives most personal injury victims five years from the date of the crash to file a lawsuit, and wrongful death claims must be filed within three years. Despite that window, acting quickly is critical — the most valuable evidence in distracted driving cases is also the most perishable. After any accident involving a potentially distracted driver, call police, seek medical treatment immediately, and contact a lawyer before evidence begins to disappear.
Chris handled every detail so I could focus on recovering. He fought for every dollar of my medical bills, lost wages, and ongoing treatment.
We lost my father to a distracted driver. The legal team handled everything with compassion while fighting hard for our family — the recovery will provide financial support for years to come.
Missouri's Siddens Bening Hands-Free Law, enacted under RSMo §304.822, took effect August 28, 2023, and prohibits all drivers from holding or using a handheld electronic communication device while driving. Enforcement through citations began January 1, 2025. If the driver who hit you was using a cell phone in violation of §304.822, that is evidence of negligence per se — meaning the statutory violation itself helps establish liability. A traffic citation or phone records showing activity at the time of the crash can significantly strengthen your personal injury claim.
Proving distraction requires moving quickly before evidence disappears. We subpoena cell phone records to show calls, texts, or app activity at the moment of impact. We preserve dashcam footage and surveillance video from nearby businesses before it overwrites. We analyze the vehicle's event data recorder — often called a "black box" — which captures speed, braking, and steering inputs. Witness statements, police reports, and accident reconstruction experts all add to the picture. The combination of this evidence often makes clear that the driver simply was not paying attention to the road.
Missouri follows a pure comparative fault system under §537.765 RSMo. Even if you were partly at fault — say, 20% — you can still recover 80% of your damages. If your total damages are $100,000, you would receive $80,000. Insurance companies routinely try to inflate your assigned fault percentage to reduce their payout. An attorney who understands comparative fault can fight back against unfair blame-shifting and protect the full value of your claim.
Under §516.120 RSMo, you generally have five years from the date of the crash to file a personal injury lawsuit in Missouri. Wrongful death claims must be filed within three years. But waiting significantly hurts your case — cell phone carriers delete records on their own retention schedules, dashcam footage overwrites itself, surveillance video gets purged, and witnesses' memories fade. Contact a lawyer as soon as possible after the crash to preserve the evidence that proves what really happened.
Missouri law allows victims of distracted driving accidents to recover economic and non-economic damages. Economic damages include medical bills, future medical care, lost wages, reduced earning capacity, and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving particularly reckless conduct — such as a driver who was texting at highway speeds — punitive damages may also be available. Bur Oak Legal works to document every category of loss from the first call.
Cell phone records disappear. Surveillance footage gets erased. The sooner you call, the more evidence we can preserve. Free consultation — no fee unless we win.