January 8, 2026 | Car Accidents, Compensation
Distracted driving isn’t just a momentary lapse—it’s a persistent threat on Missouri roads, resulting in devastating injuries and losses for victims every year. Understanding how courts determine liability, what damages you can recover, and how to maximize your compensation empowers Missouri victims to take decisive legal action.
Distracted driving goes far beyond texting. In Missouri, this includes using a phone, eating, grooming, adjusting the radio, talking to passengers, or out-of-cabin distractions for truckers. Even the smallest interruption in driver focus can have catastrophic results. Recent statistics from the Missouri Department of Transportation show that distracted drivers contributed to over 17,000 crashes in 2021 alone.
Internal study highlights that 25% of delivery vehicle crashes in St. Louis involved driver distractions.
Missouri applies a “duty of care” standard—every driver must operate their vehicle safely and responsibly. When drivers breach this duty by engaging in distractions, courts treat this as legal negligence.
To recover damages after a distracted driving accident, you’ll need compelling evidence that proves negligence. Evidence may include:
Many cases turn on technological evidence such as black box data or GPS logs for commercial vehicles. Even without direct phone records, “inattention” leading to a crash is recognized by courts as grounds for liability.
Missouri’s auto accident law allows victims to recover a wide spectrum of damages, from medical bills to pain and suffering. These include:
Missouri law does not cap damages for car accident claims, so the potential for full compensation is preserved. Punitive damages may also be available if the distracted conduct was reckless or intentional.
Courts and insurance companies often use the multiplier method: your economic damages are multiplied by a factor (usually 1.5 to 5x) depending on the severity of the injury. The per diem method sets a daily rate for each day you’re impacted by accident-related pain.
For example, if medical bills and lost wages total $25,000 and your injuries are severe, a potential multiplier of 3 could set pain and suffering at $75,000—for a total possible recovery of $100,000.
Missouri follows a “pure comparative fault” rule (Gateway Injury Law: Understanding Missouri’s Comparative Fault Laws). If you are found partly at fault, your damages are reduced by your share of fault. For example, if a court says you are 20% responsible, you would recover 80% of your total damages.
A new Missouri hands-free law now bans handheld cellphone use for most drivers, imposing fines and points for violations. First offenses cost up to $150, rising for repeated violations or accidents caused.
Federal regulators continue tracking distracted driving statistics. The CDC and the National Highway Traffic Safety Administration (NHTSA)
report that more than 300,000 people are injured each year in distracted driving crashes. Missouri local data shows an increase in distracted driving fatalities over the past five years.
Missouri law gives you five years from the accident date to file a personal injury lawsuit. Missing this deadline can prevent all recovery, so act quickly.
Insurance companies may dispute liability, minimize your injury, or delay payment. Experience shows victims represented by skilled attorneys recover more and avoid mistakes that could jeopardize legitimate claims.
Ortwerth Law has deep experience proving distracted driving liability, connecting clients to the right medical experts, and negotiating maximum settlements for victims in St. Louis and statewide.
Fill out the form below to schedule a free consultation with Craig
