Person driving a vehicle looking at their phone while holding the steering wheel with the opposite hand.

Distracted driving, specifically texting while driving, has been a large part of political discourse for the last several years, picking up steam following a rise in related personal injuries and deaths.

Research completed by the U.S. Department of Transportation and National Highway Traffic Safety Administration (NHTSA) has shown that in 2023, an estimated 463,385 drivers were manipulating a handheld device at any given time in the United States. That same year, 12% of drivers involved in fatal accidents were recorded as being distracted by cell phone use. For those driving commercially, texting while driving a truck increases the odds of being involved in a crash, near miss, or incident.

It is clear that texting while driving is dangerous, but we must look to the law to see what our elected leaders have codified at the state level on this crucial issue to understand what recourse injured parties and their families may have following an accident.

Texting & Driving in Missouri

Currently, Missouri is one of only two states without a law banning texting and driving for all drivers. RSMO 304.820 states that any driver aged 21 or younger shall not operate a motor vehicle and manipulate a handheld electronic device. This means that for drivers 22-years-old and older, texting and driving is not an illegal offense unless the driver has a CDL or commercial diver’s license. However, if a driver 21-years-old or younger is found to be texting and driving, they may incur a fine of $200 and two points against their driver’s license.

A review of data from the SaveMOLives organization shows that from 2020 through 2024, 449 fatalities across the state involved a distracted driver. Roughly 23% of these accidents involved drivers aged 20-29. Save MO Lives, an organization seeking to raise awareness of distracted driving and the high risk of fatal accidents, has worked to compile data for all cities in Missouri to show the statistics of fatal distracted driving accidents.

As of August 28, 2023, the Siddens Bening Hands-Free Law has taken effect as secondary enforcement, similar to the state’s seatbelt law. Under this new law, drivers can be cited for:

  • Physically holding or supporting a cell phone with any part of their body
  • Manually typing, writing, sending, or reading text-based messages
  • Recording, posting, sending, or broadcasting video (including video calls or social media posts)
  • Watching a video or movie

Because this is considered secondary enforcement, drivers can only receive a citation for cell phone use after being stopped for a different infraction rather than pulled over for use.

St. Louis, Missouri

In St. Louis city and county, 66 fatalities have occurred due to distracted driving from 2020 to 2024. There are currently no local ordinances that are stricter than RSMO 304.820; therefore, it is not illegal to use a cell phone while driving if over 21 years old.

Kansas City, Missouri

In Jackson, Clay, and Platte counties, including Kansas City and surrounding towns, there were 40 fatalities involving a distracted driver. There are no local ordinances in Kansas City that are stricter than RSMO 304.820; therefore, it is not illegal to use a cell phone while driving if over 21 years old.

Springfield, Missouri

In Springfield, Save MO Lives has tracked 16 fatal distracted driving accidents from 2020 to 2024. The majority of these accidents were caused by distracted drivers in the 20 to 29-year-old age range. There are no local ordinances that are stricter than RSMO 304.820. Due to this, it is not illegal to use a cell phone while driving if over 21 years old.

Columbia, Missouri

In Columbia, there have only been eight fatal crashes involving distracted drivers from 2020 to 2024. In December 2017, the Columbia City Council unanimously amended the city code to ban distracted driving, including the use of cell phones, for all drivers. While this would not be enforced alone, meaning drivers would not be pulled over for using a cell phone, it is an enhancer if a driver is pulled over for another violation and is found to have driven distracted. This amendment is stricter than RSMO 304.820, and the data support its language – with distracted driving illegal for drivers, fewer fatal distracted driving-related crashes exist.

Conclusion

Distracted driving has taken the lives of thousands of Missourians and all of these deaths were preventable. However, holding distracted drivers accountable does not stop at the legislature or law enforcement – when drivers are injured due to another’s negligence, including distracted driving, the compensation claims lawyers in St. Louis at Simon Law work to fairly compensate the injured parties. Distracted driving is negligent driving, and accidents resulting from this are unacceptable.

If you or a loved one is a victim of a distracted driving-related accident, contact Simon Law today for a free, confidential consultation. Simon Law offers legal support for St. Louis accident victims and proudly works for justice on behalf of those injured by distracted drivers.

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