Texting/Distracted Driving Laws in Missouri
Distracted driving is a significant issue in Missouri, and understanding the laws surrounding it's crucial for every driver. As experienced personal injury attorneys at Hinrichs & Scott, we’ve seen firsthand the devastating effects that distracted driving can have on victims and their families.
Distracted driving is any activity that diverts attention from driving, including texting, talking on the phone, eating, or using a GPS. In Missouri, the laws surrounding distracted driving are designed to reduce the number of accidents caused by these behaviors, and the penalties for violating these laws can be severe.
Knowing the specifics of these laws is essential to avoid fines, penalties, and, more importantly, accidents that could have been prevented.
Missouri's Texting and Distracted Driving Laws
Missouri’s laws on texting and distracted driving primarily target young drivers. As of now, Missouri is one of the few states that doesn’t have a statewide ban on texting while driving for all drivers. However, there is a specific law that prohibits drivers under 21 from texting while driving. According to Missouri Revised Statute § 304.820, drivers 21 and under are prohibited from sending, reading, or writing text messages while driving.
For drivers over 21, while there is no specific ban on texting, distracted driving can still lead to charges if it results in careless or imprudent driving. Law enforcement officers can issue citations if they believe that a driver’s distractions have led to unsafe driving behavior.
This can include anything from swerving between lanes to failing to notice a stop sign. In such cases, a personal injury attorney can help defend against these charges by arguing that the driver’s behavior didn't amount to careless driving.
The Dangers of Distracted Driving
Distracted driving is one of the leading causes of car accidents in Missouri. According to the Missouri Department of Transportation, distracted driving accounts for a significant percentage of all traffic accidents. These accidents often result in serious injuries or even fatalities, making it crucial to understand the risks associated with distracted driving.
Texting is one of the most dangerous forms of distracted driving because it involves all three types of distractions: visual, manual, and cognitive. When a driver takes their eyes off the road, their hands off the wheel, and their mind off driving, the chances of an accident increase dramatically.
Even a momentary lapse in attention can have catastrophic consequences, not just for the driver but for other road users as well. In the unfortunate event of an accident, a personal injury attorney can help victims seek compensation for their injuries and losses.
Penalties for Violating Distracted Driving Laws
In Missouri, the penalties for violating distracted driving laws vary depending on the driver’s age and the circumstances of the violation. For drivers under 21 caught texting while driving, the offense is classified as a primary violation, meaning law enforcement can pull the driver over solely for texting.
The fine for a first offense is relatively minor, usually around $200, but the consequences can escalate with subsequent offenses.
For drivers over 21, although there’s no explicit ban on texting, violations can lead to charges of careless and imprudent driving, especially if the distraction results in an accident. The penalties for careless driving can include fines, points on your driving record, and even jail time in severe cases.
These penalties can have long-lasting effects on your driving privileges and insurance rates. If you’re facing charges related to distracted driving, consulting with a personal injury attorney is essential to understanding your options and defending your case.
The Impact of Distracted Driving on Insurance and Liability
In addition to the legal penalties and physical dangers associated with distracted driving, the financial repercussions can also be severe. Drivers involved in distracted driving accidents often face increased insurance premiums, as insurers typically view these drivers as higher risks.
If you’re found at fault in an accident caused by distracted driving, you could be held liable for damages, including medical expenses, vehicle repairs, and other costs incurred by the victims. In some cases, this can result in lawsuits seeking compensation beyond what insurance covers.
By understanding the potential liability and taking steps to avoid distractions, drivers can protect both their financial well-being and their safety on the road. If you find yourself facing a distracted driving claim, working with a personal injury attorney can help mitigate these financial consequences and ensure that your rights are defended.
Defending Against Distracted Driving Charges
If you’ve been charged with a violation of Missouri’s distracted driving laws, it’s important to take the charges seriously. The consequences of a conviction can be far-reaching, affecting your driving record, insurance premiums, and even your employment prospects. A personal injury attorney with experience in distracted driving cases can help you build a strong defense.
One potential defense against a distracted driving charge is to challenge the evidence that the prosecution is using to prove that you were distracted. For example, if you were cited for texting while driving, your attorney might argue that you weren't actually using your phone at the time of the alleged violation.
Other defenses might involve questioning the validity of the traffic stop or arguing that your actions didn't constitute careless or imprudent driving. By examining the details of your case, your attorney can identify the most effective defense strategy.
The Role of a Personal Injury Attorney in Distracted Driving Cases
In the aftermath of a distracted driving accident, victims often face a long and difficult road to recovery. Medical bills, lost wages, and pain and suffering can take a significant toll on victims and their families. A personal injury attorney plays a critical role in helping victims handle the legal system and secure the compensation they deserve.
When you work with a personal injury attorney, they'll investigate the circumstances of your accident, gather evidence to support your claim, and negotiate with insurance companies on your behalf. Insurance companies often try to minimize the amount they pay out in claims, but an experienced attorney can push back against these tactics and fight for a fair settlement.
If necessary, your attorney can also take your case to court to ensure that you receive the justice you deserve.
Preventing Distracted Driving Accidents
While legal representation is crucial after an accident, the best way to deal with distracted driving is to prevent it from happening in the first place. Drivers can take several steps to minimize distractions and stay focused on the road. These include putting your phone on silent or in a place where you can’t reach it while driving, setting up your GPS before you start driving and avoiding eating or drinking while on the road.
For younger drivers, who are at a higher risk of being involved in distracted driving accidents, education and awareness are key. Parents can play a vital role by modeling good driving behavior and discussing the dangers of distracted driving with their children. Schools and community organizations can also contribute by providing education and resources on safe driving practices.
Contact a Personal Injury Attorney
Distracted driving is a serious issue in Missouri, and understanding the laws that govern it is essential for every driver. At Hinrichs & Scott, we’re committed to helping our clients handle the difficulties of distracted driving cases and protecting their rights.
Whether you’ve been injured in an accident caused by a distracted driver or you’re facing charges for distracted driving, our experienced personal injury attorneys are here to provide the guidance and representation you need. Contact us today to learn more about how we can assist you.
We serve clients across Missouri, including Kansas City, Jackson County, Clay County, Platte County, and Cass County. We also serve clients in Kansas, including Wyandotte County and Johnson County.
