Yes, you can sue. And in many cases, you should. Every time a driver glances at a text, scrolls through social media, or punches an address into their GPS, they turn a two-ton vehicle into an unguided missile. Distracted driving is one of the leading causes of preventable car accidents across the United States, and the numbers are sobering. According to the National Highway Traffic Safety Administration (NHTSA), 3,208 people were killed and more than 315,000 were injured in distraction-related crashes in 2024 alone.

If you or a loved one was hurt because another driver was not paying attention, you may be asking whether you can take legal action. In most cases, the answer is yes. A distracted driver who causes a crash can be held financially accountable for the injuries and losses they cause and at Mutrux Firm Injury Lawyers, we help victims throughout Missouri and Illinois do exactly that.

What Counts as Distracted Driving?

Distracted driving is any behavior that pulls a driver’s attention away from safely operating a vehicle. The NHTSA breaks distractions into three categories:

• Visual — taking eyes off the road
• Manual — taking hands off the wheel
• Cognitive — taking the mind off driving

Common examples include texting, reading emails, watching videos, using navigation systems, talking on a handheld phone, eating or drinking, adjusting vehicle controls, applying makeup, and interacting with passengers.

Texting is considered the most dangerous of all because it combines all three types of distraction at once. Sending or reading a text can take a driver’s eyes off the road for roughly five seconds, enough time to cross an entire football field at highway speeds.

Can You Sue a Distracted Driver in Missouri or Illinois?

Yes. When a distracted driver causes an accident that results in injuries or death, the injured victim generally has the right to pursue a personal injury claim or lawsuit.

Like any other negligence case, a distracted driving lawsuit requires showing that:

1. The driver owed a duty of care to others on the road.
2. The driver breached that duty by engaging in distracted behavior.
3. The distraction caused the crash.
4. You suffered damages as a result.

When those four elements are established, the at-fault driver can be held liable for your losses.

How Common Are Distracted Driving Accidents?

Distracted driving continues to be a serious nationwide problem. Recent NHTSA data shows:

• 3,208 people were killed in distracted driving crashes in 2024.
• More than 315,000 people were injured in distraction-related crashes in 2024.
• Roughly 8% of all fatal crashes involved a distracted driver.
• Over 32,000 people have died in distracted driving crashes over the past decade.

These numbers likely undercount the real scope of the problem. Distraction is difficult to prove after a crash, and many drivers do not admit they were using their phones. Crash reports often fail to capture the full role distraction played in causing a collision.

What Evidence Can Prove a Driver Was Distracted?

Proving distraction is one of the most important challenges in these cases. Evidence that may help establish liability includes:

• Cell phone records and text message timestamps
• Social media activity logs
• GPS and app usage data
• Vehicle infotainment system records
• Surveillance and dash camera footage
• Eyewitness testimony
• Police reports
• Admissions made by the driver at the scene

In many cases, an experienced car accident attorney can subpoena phone carrier records and app metadata to show exactly what the driver was doing in the moments before impact. Modern vehicles may also contain electronic data recorders that help reconstruct the collision.

What Compensation Can You Recover?

Victims of distracted driving accidents in Missouri and Illinois may be entitled to recover compensation for both economic and non-economic losses.

Economic Damages

• Medical expenses
• Future medical treatment
• Rehabilitation costs
• Lost wages
• Loss of future earning capacity

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Disability
• Disfigurement
• Loss of normal life

If a distracted driving crash results in death, surviving family members may be able to pursue compensation through a wrongful death claim.

Why Distracted Driving Cases Can Be Strong Claims?

These cases often carry compelling evidence of negligence. Jurors understand the dangers of texting behind the wheel. Public awareness campaigns have spent years reinforcing the message that distraction kills, and most people have seen the statistics firsthand.

As a result, juries often view distracted driving as a deliberate choice, not a simple mistake. When evidence clearly shows a driver was scrolling through a phone at the time of impact, it can significantly strengthen your injury claim.

What If the Driver Denies Being Distracted?

It is common for at-fault drivers to deny any distraction. A denial, however, does not end the investigation.

Our legal team regularly examines:

• Cell phone carrier records
• Metadata from mobile applications
• Vehicle black box data
• Traffic and business surveillance footage
• Witness statements

In many cases, evidence obtained after the crash directly contradicts what the driver said at the scene. A thorough investigation can uncover facts that may not be obvious in the immediate aftermath of an accident.

Can You Sue If a Distracted Truck Driver Caused the Crash?

Yes. Distracted driving is also a major concern in commercial trucking accidents. Truck drivers may lose focus due to cell phones, electronic logging devices, dispatch communications, navigation systems, or onboard technology. Because commercial trucks can weigh up to 80,000 pounds, the consequences of even a moment of inattention can be catastrophic.

In truck accident cases, additional evidence may be available through trucking company records, onboard electronics, and federal compliance data. Learn more about how we handle truck accident claims in Missouri and Illinois.

How Does Missouri Law Handle Distracted Driving Cases?

Missouri follows a pure comparative fault system. This means you can still recover compensation even if you were partially at fault for the accident, your award is simply reduced by your percentage of responsibility.

For example, if a jury determines you were 10% at fault and awards $100,000, you would receive $90,000.

Illinois follows a modified comparative negligence system. You can recover damages as long as you are not more than 50% responsible for the accident.

Because insurance companies often try to assign partial blame to injured victims, having experienced legal representation can make a significant difference in your outcome.

What Is Missouri’s Statute of Limitations for Distracted Driving Claims?

In Missouri, most personal injury lawsuits must be filed within five years from the date of the accident. In Illinois, the deadline is generally two years. Missing these deadlines can permanently bar you from recovering compensation, so it is important to speak with an attorney as soon as possible after an accident.

Frequently Asked Questions

Q: How do I prove the other driver was texting?

Evidence may include cell phone records, text message timestamps, witness testimony, surveillance footage, and admissions made by the driver. An attorney can often obtain additional evidence through subpoenas and formal discovery.

Q: What if the distracted driver received a traffic citation?

A traffic citation can be valuable evidence in your case, but it is not required. Many successful distracted driving claims proceed even when no ticket was issued.

Q: What should I do immediately after a distracted driving accident?

Seek medical attention right away, even if injuries seem minor. Report the accident to law enforcement, document the scene with photos, preserve any evidence you can, and contact an experienced personal injury attorney as soon as possible.

Q: What if I was also partially at fault?

Missouri’s pure comparative fault rule allows you to recover compensation even if you share some responsibility. Your recovery is reduced in proportion to your fault. An attorney can help minimize your assigned share of liability.

Award-Winning Personal Injury Lawyer Recognized for Excellence in Missouri

At Mutrux Firm Injury Lawyers, our results speak through the voices of our clients and now, through the honors we’ve earned in the community. Tyson Mutrux was proudly awarded Best Attorney in Columbia for 2025 by Inside Columbia Magazine, a recognition that reflects not only legal skill but also the deep trust of those we serve in Missouri.

A lawyer’s reputation speaks volumes about their ability to handle cases effectively. Whether you need legal representation for a personal injury claim, dog bite settlement, car crash claim, slip and fall or any other legal matter, choosing an attorney with a proven track record is essential.

Reading online reviews, client testimonials, and industry recognitions can help you gauge a lawyer’s credibility. Tyson Mutrux has built a strong reputation in Missouri, earning a 10.0 Superb rating on Avvo and recognition from Expertise as one of the Best Medical Malpractice Lawyers in St. Louis (2020).

Additionally, he has been honored by The National Trial Lawyers’ “Top 40 Under 40” for his dedication to achieving the best possible outcomes for his clients. His attention to detail, strong communication skills, and history of satisfied clients are reflected in numerous positive Google reviews.

You can also connect with us directly on Google to see reviews, updates, and more:

Mutrux Firm Injury Lawyers – St. Louis

Mutrux Firm Injury Lawyers – Columbia

We serve clients across Missouri and Illinois, with dedicated offices in St. Louis and Columbia.

Speak With a St. Louis Distracted Driving Accident Lawyer

If you were injured because another driver chose to look at their phone instead of the road, you have options. At Mutrux Firm Injury Lawyers, we investigate distracted driving accidents throughout Missouri and Illinois, gather the evidence needed to prove liability, and fight to secure the maximum compensation our clients deserve.

There are no fees unless we win.

Contact us today for a free case investigation.

Mutrux Firm Injury Lawyers serves clients in St. Louis, Columbia, and throughout Missouri and Illinois. Call (888) 550-4026.