Other Side Using Cell Phone During St. Louis Car Crash

n Missouri, while there's no statewide ban on all driver cell phone use, using a cell phone while driving could be considered evidence against the other driver in your car crash case if certain conditions are met. Here's a breakdown of how it might impact your situation:

Missouri's Cell Phone Laws:

Current Law (as of April 27, 2024): Currently, Missouri is one of only two states without a law banning texting while driving for all drivers. There are restrictions on cell phone use for novice drivers and school bus drivers, but these don't apply to most motorists.
New Law (Effective January 1, 2025): A new law will go into effect in 2025 making it illegal to hold a cell phone in your hand while driving. However, hands-free devices will still be permitted.

How Cell Phone Use Might Impact Your Case:

Evidence of Negligence: If the other driver was using a cell phone at the time of the crash, it can be used as evidence of negligence. This is because distracted driving is a recognized danger, and using a cell phone can significantly divert a driver's attention from the road.
Building Your Case: You'll need evidence to prove the other driver was using a cell phone. This could include witness testimony, phone records showing activity at the time of the accident (with a warrant), or dashcam footage if available.
Not Automatic Fault: Cell phone use alone doesn't automatically mean the other driver is at fault. The evidence will be evaluated in the context of the entire accident to determine fault.

Here are some steps you can take:

Gather Evidence: If you suspect the other driver was using a cell phone, try to gather evidence. This could involve getting statements from witnesses or preserving any dashcam footage if your car has one.
Consult a Lawyer: An experienced personal injury lawyer in Missouri can advise you on the specific details of your case and the potential impact of the other driver's cell phone use. They can also help you navigate the legal process and fight for the compensation you deserve.

Important Considerations:

New Law: While the current law doesn't explicitly ban cell phone use, the upcoming legislation in 2025 might strengthen your case if the accident occurs after that date.
Comparative Fault: Missouri follows a comparative negligence system. This means if you're found to share any fault for the accident, your compensation will be reduced accordingly.

By understanding the legal landscape in Missouri and taking proactive steps to gather evidence, you can potentially strengthen your case if the other driver was using a cell phone while driving and caused the accident. Remember, consulting with a qualified personal injury lawyer is crucial to navigate the legal complexities and maximize your chances of a successful outcome.