Can Cell Phone Use Help Prove Fault After a Missouri Car Accident?

Driver using a smartphone behind the wheel, illustrating distracted driving and cell phone use while driving.

If you suspect the other motorist was texting, checking an app, or holding a phone just before a crash, that detail may become part of the fault investigation. In St. Louis, Missouri, the car accident attorneys at Brown & Brown Attorneys at Law help injured people examine whether distraction contributed to a collision. Founding Partner Dan Brown has handled several thousand personal injury and workers’ compensation matters since helping establish the firm in 1993.

What Does Missouri’s Hands-Free Law Prohibit?

Missouri’s Siddens Bening Hands Free Law (opens in new tab) generally prohibits motorists from physically holding or supporting an electronic communication device while operating a vehicle. It also restricts texting, manually entering information into apps or websites, watching video, and similar handheld use. Hands-free functions and certain other uses are permitted.

A violation can matter after a wreck, but it does not automatically settle civil fault. The surrounding facts still need to show how the phone use related to the collision.

How Can Phone Use Be Documented After a Crash?

Suspected distraction is more meaningful when it lines up with other information from the scene, such as:

  • Witness statements
  • Dashcam, traffic, or nearby surveillance video
  • Police observations or citations
  • Call, text, or app activity obtained through legal channels
  • Vehicle data and physical details from the scene

Timing can matter because surveillance footage and other electronic information may not remain available indefinitely after the collision.

If phone records are relevant, an attorney can determine whether they can be requested through the legal process. A passenger’s account may help clarify what was happening inside a vehicle before impact. A multi-vehicle collision may require separating the actions of several motorists.

What If the Insurance Company Disputes Distraction?

An insurer may argue that the phone was not being used when the crash happened or that something else caused the impact. A stronger distracted-driving claim connects suspected device use to concrete proof and to the way the collision occurred.

Compensation can become a separate issue if the responsible motorist has little or no insurance. Our overview of uninsured drivers in Missouri explains what coverage questions may arise.

Discuss a Distracted Driving Crash With Brown & Brown

If you believe phone use contributed to your accident, call Brown & Brown Attorneys at Law at 314-333-3333 or contact us for a free case review in St. Louis, MO. It costs nothing to discuss your case, and under our contingency-fee structure, you owe no attorney fees unless we achieve a successful outcome.

How Can We Help You?

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