St. Charles Texting While Driving Car Accident Lawyer
Texting while driving is a reckless activity that places everyone on the road in danger. A driver who participates in this activity is almost certainly at-fault for a collision and bears the responsibility to provide compensation to any injured parties.
If you have suffered injuries due to a driver distracted by their phone, speak with a St. Charles texting while driving car accident lawyer today. An experienced attorney could investigate the circumstances of your accident, help collect relevant evidence, and advocate on your behalf while keeping your best interests in mind. Schedule a consultation today to get started.
State Laws Concerning Texting While Driving
For the past decade, state legislatures around the county have acted to outlaw the practice of texting while driving. While this activity is against the law and a criminal offense in some locations, lawmakers in this state have chosen a more moderate approach.
According to Missouri Statute §304.820, it is illegal for any person under the age of 21 to use a hand-held electronic device to, “…send, read, or write a text message or electronic message.” As a result, the concept of texting while driving expands to reading an email or browsing the internet. Additionally, it is illegal to talk on a cell phone without the use of a handless device.
There are important exceptions to this law. The statute specifically exempts the use of a phone to report an illegal activity or to summon emergency help. Furthermore, people may still use a cellphone through talk-to-text technology. Finally, it is worth mentioning that this statute only applies to drivers who are under the age of 21. For all other motorists, it remains legal, though dangerous, to text while driving. A St. Charles texting while driving car accident lawyer could provide more clarification as to the state’s texting while driving laws.
Leveraging Evidence of Cell Phone Use into a Claim for Damages
Plaintiffs in car accident cases always bear the burden of proving that a defendant’s negligence was the cause of the accident. As applied to cases involving texting while driving, this concept has many applications.
It can be useful to separate these cases into those involving drivers under the age of 21 and all other motorists. If an under-21 driver faces a traffic court case alleging the use of a cell phone to text following an accident, it benefits a plaintiff to track the outcome of this case. A conviction in traffic court is not a criminal matter, and at most a conviction will result in points on a person’s driving record. Even so, proof of a conviction for texting while driving is powerful evidence in a civil claim for negligence. In fact, civil courts can assume defendant negligence in cases where another court has already determined the defendant to have committed the offense.
Other claims can still use evidence of texting while driving as proof of negligence. While it is not illegal for drivers over the age of 21 to perform this act, there is no doubt that this is still a dangerous and reckless activity. As a result, if a plaintiff can bring evidence that a driver was using a cellphone at the time of the collision to the bargaining table, defendants and their insurance companies may be quick to seek a compromise. An attorney may be able to help use evidence of texting while driving in St. Charles in claims for compensation.
A St. Charles Texting While Driving Car Accident Lawyer Could Help
Texting while driving is a leading cause of accidents in St. Charles. This places all people on the road at serious risk of danger and is against the law for people under the age of 21. Evidence that a defendant was texting, emailing, or talking on the phone without using a hands-free device can be compelling proof of negligence.
A St. Charles texting while driving car accident attorney may be able to help injured plaintiffs to demand appropriate compensation for their losses. These can often include significant medical bills, emotional trauma, and lost income. They can work to make the connection between texting while driving and negligence that is necessary to promote a powerful claim.