Legislation is advancing in the Missouri Senate that would ban texting while driving. The bill would make texting while driving an infraction similar to a speeding ticket in which you would get points on your license. (Click here to read more information about this bill).
If passed, this bill could strengthen Missouri car accident cases against negligent drivers who were texting while driving when they cause an accident. This is because these cases could potentially be brought under a theory of liability called negligence per se. This theory makes people who break laws and cause injuries responsible for the damage they cause. For example, there are laws against running red lights. If someone runs a red light, hits you and causes injury, then the other driver is responsible for the damages because they broke the law.
With the new texting while driving ban, if someone breaks that law and hits you, then they would be responsible for the damages they cause. Currently, although texting while driving is a bad idea, it doesn't automatically make someone negligent by doing it and hitting someone. You still have to prove that they are negligent. Certainly evidence of texting while driving helps, but with this new law, it could make the other driver liable automatically.
If you have been injured in a Missouri car accident, please contact me to find out more about how evidence of the other driver's texting while driving may help your case.
Matthew D. Meyerkord is a Kansas City personal injury attorney, dedicated to helping car accident victims who've suffered injuries or damages.