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What to Do After a Distracted Driving Accident in Missouri

Understanding Distracted Driving Accidents in Missouri

🚗 Driving requires your full attention. In Missouri, like elsewhere, distracted driving is a significant and growing problem, leading to numerous accidents, injuries, and even fatalities each year. A car accident lawyer in Missouri understands the nuances of these cases and can help victims navigate the legal complexities.

Distracted driving, as defined by Missouri law, encompasses any activity that diverts a driver's attention from the primary task of operating a vehicle. This includes, but isn't limited to:

  • 📱 Cell phone use: Talking, texting, or using apps.
  • 🍔 Eating and drinking: Even a quick bite can take your focus off the road.
  • 📻 Adjusting the radio or infotainment system: Fumbling with controls can be hazardous.
  • 🧑‍🤝‍🧑 Interacting with passengers: Especially in the backseat with children.
  • 🗺️ Using a navigation system: Programming directions while driving.
  • 💄 Grooming: Applying makeup or shaving while behind the wheel.

Missouri Law and Distracted Driving

Missouri has laws in place to combat distracted driving, but they are not as comprehensive as some other states. Texting while driving is banned statewide. However, there isn't a complete hands-free law prohibiting all cell phone use. Local ordinances in some cities may have stricter regulations.

Key Missouri Laws:

  • 📱 Texting Ban: It's illegal to read, write, or send text messages while driving.
  • ⛔ School Zone Restrictions: Some cities have stricter rules regarding cell phone use in school zones.

Proving Distracted Driving in a Missouri Accident Case

⚖️ Establishing that the other driver was distracted is crucial to winning your car accident case in Missouri. This can be challenging, but a skilled car accident lawyer can use various methods to gather evidence:

  • Police Reports: The police report often contains valuable information, including witness statements and the officer's observations about the accident.
  • Witness Testimony: Eyewitnesses may have seen the other driver using a cell phone or engaging in other distracting activities.
  • Cell Phone Records: With a subpoena, your lawyer can obtain the other driver's cell phone records to determine if they were using their phone at the time of the accident. This requires probable cause and legal authorization.
  • Surveillance Footage: Traffic cameras or nearby businesses may have captured footage of the accident or the driver's behavior leading up to it.
  • Social Media: In some cases, the other driver's social media activity might provide evidence of their distracted driving habits.
  • Event Data Recorders (EDR): Modern vehicles often have EDRs (also known as "black boxes") that record data about the vehicle's speed, braking, and other parameters in the moments leading up to a crash. This data can sometimes indicate whether the driver was distracted or not.

🚨Important: Time is of the essence. The sooner you contact a lawyer after an accident, the easier it will be to gather and preserve crucial evidence.

Potential Compensation in a Missouri Distracted Driving Accident Case

💰 If you've been injured in a car accident caused by a distracted driver in Missouri, you may be entitled to compensation for your losses. A car accident lawyer can help you pursue a claim for the following damages:

  • Medical Expenses: This includes past and future medical bills, therapy costs, prescription medications, and any other healthcare-related expenses.
  • Lost Wages: You can recover lost income from time missed from work due to your injuries. This includes both past lost wages and future lost earning capacity if your injuries prevent you from working at your previous level.
  • Property Damage: Compensation for the damage to your vehicle or other property.
  • Pain and Suffering: You may be able to recover damages for the physical pain and emotional distress you have experienced as a result of the accident.
  • Punitive Damages: In some cases, if the driver's conduct was particularly egregious (e.g., grossly negligent or reckless), you may be able to recover punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future. While difficult to obtain, distracted driving, especially when involving texting or other blatant disregard for safety, can sometimes warrant punitive damages.

Comparative Fault in Missouri

⚖️ Missouri follows the pure comparative fault rule. This means that you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you were found to be 20% at fault for the accident, you would only be able to recover 80% of your damages.

Strategies a Car Accident Lawyer Will Employ

A car accident lawyer in Missouri will employ several strategies to build a strong case and maximize your compensation:

  • Thorough Investigation: They will conduct a comprehensive investigation of the accident, gathering evidence to prove the other driver's negligence and your damages.
  • Negotiation with Insurance Companies: They will negotiate with the insurance companies on your behalf to try to reach a fair settlement.
  • Litigation: If a fair settlement cannot be reached, they will file a lawsuit and take your case to trial.
  • Expert Witnesses: They may consult with expert witnesses, such as accident reconstructionists or medical professionals, to strengthen your case.
  • Understanding Missouri Law: Deep understanding of Missouri traffic laws, negligence principles, and court procedures.

Steps to Take After a Distracted Driving Accident in Missouri

⏱️ If you've been involved in a car accident in Missouri, here are some important steps to take:

  • Ensure Safety: Check yourself and others for injuries. If possible, move vehicles to a safe location.
  • Call the Police: Report the accident to the police and obtain a copy of the police report.
  • Exchange Information: Exchange contact and insurance information with the other driver.
  • Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. Get contact information from any witnesses.
  • Seek Medical Attention: Even if you don't think you're seriously injured, see a doctor as soon as possible. Some injuries may not be immediately apparent.
  • Contact a Car Accident Lawyer: Talk to a car accident lawyer in Missouri to discuss your legal options.
  • Avoid Discussing Fault: Do not admit fault to the other driver or the insurance company.
  • Document Everything: Keep a record of all medical treatment, lost wages, and other expenses related to the accident.

Preventing Distracted Driving

🚫 The best way to avoid becoming a victim of a distracted driving accident is to prevent it in the first place. Here are some tips for safe driving:

  • Put Your Phone Away: Turn off your phone or put it in the glove compartment before you start driving.
  • Use Hands-Free Devices: If you must use your phone, use a hands-free device. However, remember that even hands-free devices can be distracting.
  • Avoid Eating and Drinking: Eat and drink before or after your drive, not while you're behind the wheel.
  • Set Navigation Beforehand: Program your GPS before you start driving.
  • Focus on Driving: Make driving your sole focus. Avoid distractions and pay attention to the road.
  • Speak Up: If you are a passenger in a car and the driver is distracted, politely ask them to stop.

Choosing the Right Car Accident Lawyer in Missouri

Selecting the right attorney is a critical step. Look for these qualities:

  • Experience: How long have they practiced accident law in Missouri?
  • Specialization: Do they focus primarily on car accident cases, particularly those involving distracted driving?
  • Track Record: What is their success rate in obtaining favorable settlements or verdicts for their clients?
  • Communication: Are they responsive and easy to communicate with? Do they explain legal concepts clearly?
  • Resources: Do they have the resources to thoroughly investigate your case, including hiring experts and conducting depositions?
  • Client Reviews: Check online reviews and testimonials to see what other clients have to say about their experience.

Statute of Limitations

⏳ In Missouri, the statute of limitations for personal injury claims, including car accident cases, is generally five years from the date of the accident. This means you must file a lawsuit within five years of the accident, or you will lose your right to sue. It's crucial to contact a lawyer well before this deadline to allow them time to investigate your case and file a lawsuit if necessary.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

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