Holland Injury LLC logo HollandInjuryLaw-logo-1 1 - Holland Injury LLC

Can You Hold a Driver Accountable for Texting While Driving?

A car crash could be the result of someone driving too fast or not maintaining their vehicle properly, for example. However, many crashes are the result of some kind of digital distraction. While distraction has always been a safety concern on the roads, it is a much more pressing issue these days, with many people struggling to ignore phone notifications even for the duration of their daily commutes.

People use their mobile phones and other electronic devices while driving, a choice that limits their ability to safely drive and might result in a major collision.

Whether your vehicle suffered significant damage or you incurred physical injuries, you may want to take action against the driver who had their phone in their hands when they caused your crash. Is it possible to hold someone accountable for texting while driving in Missouri?

Phone use isn’t always a violation

There is no federal statute about texting while driving unless someone is in control of a commercial vehicle. Otherwise, they simply need to follow state laws. Missouri is one of the only states in the country that does not criminalize texting while driving by adults.

Teenagers could face citations, but adults are not subject to the same restrictions. That might make you think it would be pointless to try to hold a distracted driver accountable, but justice could still be available to you.

Texting while driving is negligent

A police officer could very well list the other driver as the person to blame for your crash because they decided to text while driving. You could then potentially pursue a claim against their insurance coverage.

In fact, if the insurance isn’t enough based on your costs, you could potentially file a lawsuit against the other driver. While you can’t necessarily claim misconduct or law breaking because of their texting, you could raise a claim of negligence. The average adult would agree that texting while driving was an unsafe decision and could easily contribute to a crash occurring.

When you understand the rules that apply to insurance and lawsuits in Missouri, it is easier to seek justice following a wreck. Requesting compensation when someone causes a crash is a reasonable and appropriate response to a major motor vehicle collision.


“Recovered over $200 million for our 7,000+ clients”

Related Post