Distracted driving has become one of the most common (and most preventable) causes of serious car accidents on Missouri roads. A driver glancing at a text, reaching for the radio, or fielding a phone call takes their attention off the road just long enough to upend someone else’s life. Missouri law holds distracted drivers accountable for the harm they cause, but proving that distraction was behind a crash takes more than a hunch: it takes phone records, witness accounts, traffic camera footage, and often the work of accident reconstruction experts. If you’ve been hit by someone who wasn’t paying attention, the consequences are no less real for being someone else’s careless mistake. An experienced Missouri accident attorney can investigate what really happened in those critical seconds and build the case needed to hold the responsible driver accountable.
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Distracted Driving Accidents in Missouri
Driver negligence comes in many forms, but distracted driving is among the most preventable. According to the Missouri Coalition for Roadway Safety, between 2020 and 2024, distracted driving claimed 449 lives in Missouri, nearly 90 people per year, in crashes that did not have to happen. If you were injured by a distracted driver, Missouri law entitles you to pursue compensation for your losses from the person who harmed you.
A car accident lawyer at Buchanan, Williams & O’Brien will assess the full value of your case, handle insurer negotiations, and take your case to court if a fair resolution is not reached. Insurance companies work to protect their bottom line, not yours. Our attorneys have the resources to level the playing field with the experience and advocacy your case demands.
Common Types of Distracted Driving
On January 1, 2025, Missouri’s Hands-Free Law took effect, making it illegal to hold or support a phone or electronic device while driving. Calls are permitted through hands-free devices; any function that requires more than a single touch or swipe is prohibited.
Other common types of distractions include:
- Adjusting navigation or entertainment systems
- Children or pets in the car
- Eating or drinking
- Engaging in personal grooming
- Rubbernecking or slowing to look at another crash or roadside incident
- Watching movies or videos
Any of these behaviors can form the basis of a negligence claim in Missouri. The law does not limit liability to phone use alone.
Establishing Negligence in a Distracted Driving Case
To recover compensation in a Missouri personal injury case, the burden falls on the injured party and their attorney to prove four elements of negligence. Each must be established for a claim to succeed:
- Duty of care: All drivers owe a duty of care to others on the road to operate their vehicles safely and attentively.
- Breach: A driver who was texting, eating, or otherwise inattentive breached that duty.
- Causation: That breach must have directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered measurable harm as a result, including medical expenses, lost wages, and pain and suffering.
Building a Case Against a Distracted Driver
Proving the four elements of negligence requires evidence, and gathering it quickly is critical. Our attorneys issue spoliation letters to all defendants immediately, placing them on legal notice to preserve everything related to the claim.
From there, we build the case from every available source, including:
- Cell phone records — obtained via subpoena from the at-fault driver’s mobile carrier to establish texting or app use at the time of the crash
- Surveillance and dashcam footage — capturing the moments before and during impact
- Police reports — documenting the responding officer’s observations and any citations issued
- Eyewitness statements — independent accounts of the driver’s behavior prior to the collision
- Medical records — establishing the nature, severity, and cost of your injuries
- Accident reconstruction analysis — computer modeling and evidence analysis used to determine exactly how the collision occurred
The stronger the evidence, the stronger the claim, and the harder it is for an insurer to minimize what happened to you.
Confused about distracted driving accident liability in Missouri? We are here to answer your questions.
Potential Compensation
Compensation in a Missouri distracted driving case is divided into two categories: economic and non-economic damages.
Economic Damages
Economic damages are objectively verifiable losses with a measurable dollar value:
- Medical expenses — emergency treatment, hospitalization, surgery, rehabilitation, and any ongoing or future care required as a result of your injuries
- Lost wages — income you were unable to earn while recovering from your injuries
- Loss of future earning capacity — compensation for reduced ability to work or earn at the same level as before the crash
- Property damage — the cost to repair or replace your vehicle and any other personal property damaged in the collision
Non-Economic Damages
Not all losses show up on a bill or receipt. Non-economic damages compensate for the ways a serious injury affects your daily life and well-being:
- Pain and suffering — physical pain and discomfort caused by your injuries, both immediate and ongoing
- Emotional distress — anxiety, depression, sleep disruption, and psychological trauma resulting from the crash
- Loss of enjoyment of life — the inability to participate in activities, hobbies, and relationships that were part of your life before the injury
Average Settlement for a Concussion in a Car Accident
There is no standard settlement amount for a concussion case in Missouri. The value of a claim depends on specific facts, especially the severity of the injury, the length of recovery, the impact on your ability to work, and how well the injury is documented.
While every case is different, concussion-related claims are often evaluated within the following general ranges:
- Mild concussion (full recovery) – Cases involving short-term symptoms that resolve with minimal treatment may settle in the $5,000 to $30,000 range, depending on medical expenses and time missed from work.
- Concussion requiring ongoing treatment – When symptoms persist and require continued medical care, therapy, or extended time off work, settlements are often $30,000 or more, based on the duration and impact of symptoms.
- Post-concussion syndrome – In some cases, symptoms last for months or longer, affecting daily functioning and quality of life. These claims may fall in the $30,000 to $100,000+ range, depending on severity, treatment, and documented limitations.
- Long-term or permanent cognitive impairment – Although less common, some individuals experience lasting cognitive deficits that affect memory, concentration, or the ability to return to work. These cases can result in $100,000+, particularly when there is clear evidence of reduced earning capacity or permanent impairment.
How Are Concussion Accident Cases Valued?
Concussion claims are valued based on how the injury affects your health, your ability to work, and your daily life. As noted, key factors include the severity of symptoms, how long treatment lasts, lost wages, any impact on future earning capacity, and the need for ongoing or future medical care.
The value of a case can also be influenced by available insurance coverage and whether fault is shared under Missouri’s comparative negligence law, which can reduce recovery if you are found partially responsible.
What Determines the Amount of Your Compensation
The value of a distracted driving claim depends primarily on the severity of your injuries. A person expected to make a full recovery will generally receive less compensation than someone left with permanent disability or long-term impairment because the long-term financial and personal consequences are significantly greater.
Missouri follows a pure comparative fault rule under RSMo § 537.765, which means your compensation is reduced by your percentage of fault. Insurers routinely attempt to inflate the injured party’s share of responsibility to reduce what they pay; another reason experienced legal representation matters from the start.
Missouri does not cap personal injury settlements or jury awards in car accident cases. The exception applies when the at-fault driver was operating a government vehicle, in which case the Missouri Tort Claims Act governs, and damage limitations may apply.
Contact a Missouri Personal Injury Attorney
If you were injured by a distracted driver, Buchanan, Williams & O’Brien has the experience and resources to pursue the full value of your claim. Our personal injury lawyers have recovered millions of dollars for Missouri accident victims, and we are ready to fight for you.
Schedule a free, no-obligation consultation today. You pay nothing unless we recover compensation for you.
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