Justin K. Summary

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Sophisticated Representation From A St. Louis Distracted Driving Accident Attorney

When a driver looks at a cellphone screen instead of the road, they are putting other people at risk. If you are currently recovering from an injury because of a distracted driving accident, you will be dealing with pain, medical costs and insurance adjusters who want to minimize payouts.

As a distracted driving lawyer at The Summary Law Firm, I serve as a fearless advocate for clients in St. Louis. I have over 20 years of experience, negotiating with insurance companies to support my clients’ recovery. I will fight for your rights after a distracted driving accident in Missouri or Illinois, even if it means taking your case to trial.

What Is The Siddens Bening Hands Free Law?

Missouri enacted the Siddens Bening Hands Free Law to stop drivers from using a cellphone while driving. This law makes it illegal for them to physically hold any wireless device with their hands while driving on public roads.

Under this legislation, texting while driving, scrolling through social media or watching videos behind the wheel are prohibited. A driver convicted for this violation will need to pay fines and may even face jail time. Here’s a closer look at the penalties:

  • A first conviction within a two-year window results in a fine of up to $150.
  • A second conviction within two years increases the penalty to a $250 fine.
  • A third or subsequent conviction within two years carries up to a $500 fine.
  • Violations occurring inside a designated school zone or work zone trigger fines up to $500.
  • A violation that causes a serious injury crash carries up to six months in jail, a $1,000 fine or both.
  • A violation that results in a fatal crash carries a penalty of up to seven years in prison.

When evidence shows the other driver violated this statute, it establishes a clear record that they broke a mandatory state safety rule. This documentation establishes clear fault and forces the at-fault party’s insurer to negotiate based on the actual damage caused.

Common Questions About Distracted Driving In Missouri

It is only natural to have a lot of questions after sustaining an injury due to a distracted driver. Below, I provide answers to some common questions from clients facing this legal issue.

Can a driver be pulled over solely for holding a cellphone in Missouri?

While it is illegal to hold a phone and drive, law enforcement can only treat this as a secondary violation for adult drivers. An officer must observe another traffic infraction, like speeding, to initiate a stop.

How do you prove the other driver was texting at the exact moment of the rear-end crash?

Proving a driver was texting at the exact moment of a crash requires securing evidence that links phone activity directly to the time of the collision. This involves requesting the driver’s cellphone carrier logs to verify the exact time of sent or received messages or data usage.

Does a violation of the hands-free driving law automatically mean I win my personal injury case?

A violation strongly strengthens your claim, but it does not guarantee a win. You will need to prove that the driver’s phone use directly caused the crash and your injuries. Insurance companies try to twist the facts, which requires an aggressive strategy to establish clear fault.

Having these questions answered early stops an insurance company from exploiting the initial confusion you may feel after a crash. If you have more specific queries about your case, it is wise to talk to an experienced legal professional.

Talk To Attorney Summary Today For Legal Help

You do not have to fight big insurance companies alone. I will handle aggressive corporate adjusters so you can focus entirely on healing. Call my St. Louis law office today at 314-673-1475 or complete this form for a free consultation on your Missouri or Illinois distracted driving case.