Proving Fault in a St. Louis Distracted Driving Crash

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Distracted Driving Is Behind Many of the Worst Crashes on St. Louis Roads

Missouri law prohibits texting while driving, but the actual universe of distraction goes well beyond the phone. Eating, adjusting navigation, reaching for something in the back seat, or losing focus for just a few seconds can be enough to cause a crash that changes a person’s life. When you are hurt by a driver who was not paying attention, proving it requires more than the victim’s account of what they observed.

The legal challenge in distracted driving cases is not just establishing injury. It is proving what the other driver was doing in the moments before impact, and that requires specific types of evidence gathered as quickly as possible.

A St. Louis car accident lawyer who begins investigating immediately after a crash can preserve the evidence that proves what the at-fault driver was doing before that window closes permanently.

The Evidence That Proves Distraction in Missouri

Building a strong distracted driving case typically requires a combination of the following:

  • Phone records. A subpoena to the at-fault driver’s wireless carrier can reveal whether a call, text, or app was active at the moment of impact. Missouri courts regularly allow this evidence when properly obtained.
  • Surveillance and traffic camera footage. St. Louis has extensive camera coverage on major intersections and highways. Businesses near the crash route often have exterior cameras that captured the relevant moments. This footage is overwritten quickly and must be requested without delay.
  • Eyewitness statements. Passengers and nearby drivers who observed the at-fault driver looking down or holding a phone provide important corroborating testimony.
  • Police report documentation. When an officer on scene noted signs of distracted behavior, or when the driver admitted to phone use, that documentation carries significant weight in negotiations and at trial.
  • Vehicle data. Many modern vehicles store information about driver inputs in the seconds before a crash, including braking, steering, and use of in-vehicle systems.

How Missouri’s Comparative Fault Rule Affects These Cases

Missouri follows a pure comparative fault rule, meaning an injured driver can still recover compensation even if they contributed in some way to the crash. A distracted driving case does not need to be airtight to be worth pursuing. The Missouri Department of Transportation tracks distracted driving crash data and regularly publishes information about the frequency and severity of these incidents on Missouri roads.

As a St. Louis personal injury lawyer focused entirely on representing injured people, Rob Schmittgens at Schmittgens Injury Law Firm handles every case personally and advances all investigation costs upfront. There are no fees unless compensation is recovered.

If you were hurt in a distracted driving crash, a St. Louis car accident lawyer who moves quickly can secure evidence that would otherwise be lost. The investigation window is short, and every day matters.

Contact Schmittgens Injury Law Firm

Your consultation is free and you pay nothing until Rob wins.