St. Louis Texting While Driving Accident Lawyer

St. Louis Texting While Driving Accident Lawyers: The Siddens Bening Law

Distracted driving is no longer just a safety concern in Missouri—it is a strictly regulated offense. With the passing of the Siddens Bening Hands Free Law (RSMo § 304.822), Missouri has joined the majority of the country in prohibiting drivers from physically holding or supporting a cell phone while operating a vehicle. Most drivers in the greater St. Louis metro area frequently drive in Missouri and Illinois.

According to NHTSA, distracted driving causes over 3,000 deaths annually and hundreds of thousands of injuries. The most tragic aspect is that these injuries and deaths are preventable.  It is not the actual distraction that causes the collision, rather it is the failure of the driver to follow the rules of the road, ie: failure to yield, lane drifting, loss of control and head-on crashes.

In Illinois, the law (625 ILCS 5/12-610.2) strictly prohibits using handheld cellphones, texting or accessing social media while driving. Violations can lead to license suspension and possibly felony charges if it results in injuries.

Understanding the “Hands-Free” Mandate in St. Louis

Effective August 28, 2023, with citations starting January 1, 2025, it is illegal for drivers on St. Louis roadways like I-64, I-70, and I-270 to:

• Physically hold or support a wireless device with any part of their body.

• Manually type, send, or read any text-based communication.

• Watch, record, or broadcast video content (including social media).

To discuss how to obtain compensation with one of our texting while driving lawyers in St. Louis, use our online contact form or call toll-free at (1-800) 685-3302 or locally at (314) 276-1681. We will set up a free consultation with you.

How the New Law Impacts Your Injury Claim

The Siddens Bening Law significantly strengthens a victim’s ability to prove liability. In Missouri, a violation of this statute can be used as evidence of negligence per se. This means that if we can prove the other driver was holding their phone at the time of the crash, the law may automatically presume they were negligent.

Our Forensic Approach to Distracted Driving Cases

Proving a driver was texting requires more than just a police report. Our St. Louis legal team utilizes:

1. Cellular Record Subpoenas: We cross-reference the exact time of impact with data from service providers to identify active data usage.

2. Event Data Recorder (EDR) Analysis: “Black box” data can reveal if the driver failed to brake, a common sign of eyes-off-the-road distraction.

3. App Usage Forensics: We investigate whether social media or video streaming apps were active during the collision.

Illinois Texting While Driving Laws

Illinois bans using handheld phones and texting while driving, no matter your age or whether you are driving for personal or commercial reasons.  It is illegal for any person to operate a motor vehicle while using an electronic communication device. However, if you are an adult driver with your full license in Illinois, you may use a handless phone to make and receive calls and messages while you drive. You cannot do this if you are 19 years old or younger, have your learner’s permit while younger than 19 years, or if you are a school bus driver. There is a full cell phone ban, handheld or otherwise, for these types of drivers.

Like in Missouri, this is a primary offense. An officer does not need any other reason pull someone over for cellphone use. A first offense is an infraction. A second or subsequent offense is considered a moving violation, which can lead to additional penalties beyond a fine.

Illinois’ law goes further. Under 625 ILCS 5/12-610.2(b-5), a driver commits a Class A misdemeanor if they violate the texting while driving law and cause an accident that results in great bodily harm. The offense is a Class 4 felony if the driver’s cell phone use causes a deadly crash.

Car Accident Compensation

After being injured in a car accident in which the other driver was negligent by using such a handheld device, you should consult an experienced injury attorney in the greater metro St. Louis area. You may have the right to obtain compensation for your:

• Medical costs
• Lost wages
• Pain and suffering
• Emotional distress
• Physical limitations
• Disfigurement
• Loss of future earning capacity
• Loss of consortium and companionship
• Punitive damages (when applicable)

Contact us at The Cagle Law Firm today to discuss the potential value of your injury claim.

Fatal Texting-While-Driving Accidents

Distracted driving accidents can be catastrophic and deadly. If you lost a loved one in a fatal crash caused by a driver on their phone, contact a car accident attorney right away. You and your family may have the right to pursue a wrongful death claim, through which you can seek compensation for:

• Funeral and burial expenses
• Loss of financial contributions
• Loss of care and support
• Loss of love and companionship
• Loss of inheritance that you would have received

Comparative Fault in Car Accidents

Just because the other driver was texting while driving does not mean they or their insurer will accept full responsibility for the accident right away. The other driver may claim that your actions contributed to the accident and that the crash was your fault, too.

In this situation, Illinois’s and Missouri’s comparative fault laws become important. Missouri uses a pure comparative fault doctrine. Under Missouri law, comparative fault allows a plaintiff to recover damages regardless of their percentage of fault.  In Illinois, you face a 51% Bar meaning, you can claim compensation unless your fault is assessed at 51% or more.

Important Note:  Whether you are involved in an injury crash in either state, the other driver’s insurance carrier will most likely assert that you shared some fault regardless of the facts of the crash.  You may not know this at the beginning of your case and it may only become a factor if you get into a settlement negotiation.  Ultimately, any insurance company can assert whatever percentage of fault they think they can argue, but a judge or jury is the ultimate decision maker in apportionment of fault.

Time Deadlines in Missouri and Illinois

While you can live in Missouri, but easily be injured in car accident due to texting and driving in Illinois, the timelines are very different in each state. According to RSMo § 516.120. you have a five (5) years from the date of the injury to file a lawsuit in the appropriate court in Missouri. If the incident involves a fatality, the statute of limitations for a wrongful death lawsuit is three (3) years.

In Illinois, the statute of limitations is two (2) years for injury car accidents and wrongful death cases. In both states, if you do not follow the statute of limitations, your case is forever barred regardless of the merits of your case.  Contact an expert car accident attorney right away to preserve your right to compensation.

Our Experienced Attorneys Can Help

After a car accident or truck accident, one thing you have plenty of include questions. How do I make a claim? What is the extent of my injuries? How do I know the insurance company will pay fair compensation? And, how long will this take?  While you are focused on your physical recovery, we will:

• Investigate the collision
• Gather evidence including black box data, witness statements, photos of property damage, crash scene photos, and any/all available video
• Determine if a subpoena is needed for cell phone data
• Gather your medical documentation and involve medical experts to explain complex injuries to a jury
• Negotiate with the insurance adjusters and insurance attorneys
• Litigate your case when trial is the best option for you.

Contact The Cagle Law Firm today toll-free at (1-800) 685-3302 or locally at (314) 276-1681. You can also use our online form to schedule a free consultation of your case.

Related Sources:

• St Louis Driver Fatigue Accident Attorney
• St Louis Drunk Driving Accident Lawyer
• St Louis Failure to Yield Accident Lawyer

Author, Zane T. Cagle has over 20 years of experience representing seriously injured victims of motor vehicle accidents in Missouri and Illinois.  We recovered over $100 million in verdicts and settlements (Case Results) for our clients in the last two years.  Our  AV-Rated Premium Lawyer, Zane brings all of his experience to each unique case.