Walner Law - Attorneys

St. Louis Distracted Driving Accident Lawyer

PING. A text message. BUZZ. A notification. RING. A phone call.

In the milliseconds it took that driver to glance away from the road, your entire world exploded into chaos. Their eyes left the asphalt for a screen. Their attention abandoned you for an app. Their priority shifted from your safety to their social media—and you paid the price in blood, pain, and shattered plans.

This wasn’t fate. This wasn’t bad luck. This was a choice—a deliberate, selfish, dangerous choice that transformed two tons of steel into a missile aimed directly at your future.

Every buzz ignored is a life saved. Every notification that stays unread is a family that stays whole. Every phone call that goes to voicemail is a person who makes it home safely.

But your distracted driver couldn’t resist the digital siren call, couldn’t prioritize flesh and blood over pixels and posts.

Now it’s time for consequences.

At Walner Law, our St. Louis, MO Distracted Driving Accident Lawyers are digital detectives and courtroom warriors rolled into one. We don’t just suspect they were distracted—we prove it.

Phone records. App usage. GPS data. Social media timestamps. We dig deeper than the police report and uncover the smoking-gun evidence that shows exactly when their attention wandered and your nightmare began.

They chose distraction. We choose destruction—of their excuses, their denials, and their attempts to dodge responsibility.

Your recovery starts with their accountability. And their accountability starts with us.

Key takeaways

  • Proving a driver was distracted requires more than just an accusation; it involves securing evidence like cell phone records, witness statements, and vehicle data.
  • Missouri’s new hands-free law (the Siddens B. E-Act) makes it illegal to hold a phone while driving, and a violation can serve as powerful evidence of negligence in your injury claim.
  • Insurance companies often try to dispute distracted driving claims. A thorough investigation is crucial to build a case that can withstand their challenges and fight for fair compensation.

Guideline For Car Accident Lawyer

Why Choose Walner Law for Your St. Louis Distracted Driving Claim?

A distracted driving case is won or lost on the strength of its evidence. These claims require a proactive and aggressive approach to secure proof before it disappears.

You need a legal team with the experience to anticipate the challenges and the resources to build an undeniable case.

Walner Law is that team.

A history of holding negligent drivers accountable

For decades, we have dedicated our practice to helping people who have been harmed by the carelessness of others. We have seen firsthand the devastation caused by distracted drivers and are committed to fighting for the justice our clients need.

Our focused experience in personal injury law means we understand the specific strategies required to succeed in these complex cases.

The resources to uncover the truth

Proving a driver was distracted often requires a deep investigation. Our firm has the financial resources to hire accident reconstructionists, subpoena records, and depose witnesses.

We are prepared to invest what it takes to build a powerful claim on your behalf, sending a clear message to the insurance company that we are ready for a fight.

Unwavering support for our clients

We know you are going through one of the most difficult times of your life. At Walner Law, we provide more than just legal representation; we offer compassionate support and clear guidance.

We prioritize direct communication, ensuring you are always informed and involved in the decisions affecting your case. Our commitment to you includes a promise of clear and consistent communication. We believe you should always know what is happening with your case.

This means we are dedicated to:

  • Providing you with direct access to your attorney and legal team.
  • Answering your questions promptly and in plain, easy-to-understand language.
  • Developing a legal strategy that is tailored to your unique situation and goals.


This partnership allows you to focus on your physical and emotional recovery with the confidence that a dedicated team is handling every legal detail with skill and determination.

You pay nothing unless we win

We handle all distracted driving accident cases on a contingency fee basis. This means there are no upfront costs or hidden fees. We advance all the expenses of building your case, and we only get paid if we successfully secure a financial recovery for you.

This approach ensures everyone can access high-quality legal representation.

Proving a driver was distracted in a St. Louis crash

The biggest challenge in a distracted driving claim is proving the other driver’s inattention. Drivers rarely admit to being on their phone. Your St Louis, MO Distracted Driving Accident Lawyer must use legal tools and a thorough investigation to uncover the truth and build a case that an insurance company cannot ignore.

The power of a subpoena for cell phone records

A driver’s cell phone records are often the most conclusive piece of evidence. These records do not show the content of messages but can provide a detailed timeline of the driver’s activity.

We can issue a legal subpoena to the mobile carrier to obtain records showing call logs, text message data (times sent and received), and data usage around the time of the crash.

Uncovering evidence through witness testimony

Eyewitnesses often see a driver looking down at their lap or holding a phone to their ear in the moments before a collision. Statements from other drivers, passengers, or pedestrians who saw the driver’s behavior can be incredibly powerful in establishing their distraction.

Our investigative team works quickly to locate and interview any potential witnesses.

Using vehicle data to your advantage

Many modern vehicles are equipped with event data recorders (EDRs), or “black boxes.” This technology can record crucial information about the vehicle’s operation, such as speed, braking, and steering.

This data can sometimes show a lack of evasive action right before impact, which is consistent with an inattentive driver.

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If you have been injured by a driver who was using a cell phone, please contact us online at Walner Law® or call (312) 410-8496 today to schedule a free consultation with one of our lawyers about your cell phone car accident.
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Missouri's New Hands-Free Law and Your Accident Claim

In 2023, Missouri enacted a new statewide law targeting distracted driving. The Siddens B. E-Act makes it a primary offense for drivers to use a handheld electronic device while operating a vehicle.

This law provides a powerful new tool for holding distracted drivers accountable in civil injury claims.

What does the Siddens B. E-Act Prohibit?

The law, officially found in Missouri Revised Statute § 304.822, makes it illegal for a driver to physically hold or support a cell phone with any part of their body. It also prohibits watching videos or manually typing, with limited exceptions for hands-free or voice-operated use.

How a violation strengthens your negligence claim

When a driver violates a safety law and causes an accident, it can be considered “negligence per se.” This legal doctrine means their actions are presumed to be negligent because they broke a law designed to protect public safety. Proving the at-fault driver was violating the hands-free law at the time of the crash creates a strong presumption of fault in your favor.

The Three Types of Distraction That Cause Accidents

The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that diverts attention from driving. These activities can be broken down into three main categories, and many, like texting, involve all three at once.

A St Louis, MO Distracted Driving Accident Lawyer investigates to identify which types of distraction led to your crash. Recognizing the specific type of distraction is key to building a strong case.

A driver’s negligence can be traced back to one or more of these critical failures of attention. Common examples we investigate include:

  • Visual Distractions: These occur when a driver takes their eyes off the road. Looking at a GPS device, a passenger, or a phone screen are all dangerous visual distractions.
  • Manual Distractions: These involve a driver taking their hands off the wheel. Eating, reaching for an object, or texting all require manual input that compromises vehicle control.
  • Cognitive Distractions: This is when a driver’s mind is not focused on driving. Engaging in a stressful phone call, daydreaming, or being under the influence of drugs or alcohol can all impair judgment.


These forms of inattention can turn a two-ton vehicle into an unguided missile. Our investigation focuses on proving the driver engaged in these behaviors, thereby breaching their duty to drive safely.

Fighting for Full Compensation After a Distracted Driving Wreck

A settlement or verdict should account for every way the crash has impacted your life. The Centers for Disease Control and Prevention (CDC) highlights the severe physical and economic consequences of these preventable crashes.

We fight for compensation that covers your past, present, and future needs.

Covering all medical costs

Your compensation should include reimbursement for every medical expense related to the accident. This includes emergency transport, hospital stays, surgeries, physical therapy, and prescription medications. We also work with medical experts to project the costs of any future care you may require.

Recovering lost income and future earnings

If your injuries have kept you out of work, your claim must include the wages you have lost. For severe injuries that affect your ability to perform your job long-term, we may also pursue compensation for diminished future earning capacity.

Addressing the human cost of the injury

The most profound losses are often not financial. Your compensation should also address the immense personal toll of the injury, including physical pain, emotional trauma, and the loss of your ability to enjoy your life’s activities.

FAQ for a St Louis, MO Distracted Driving Accident Lawyer

The other driver denied they were on their phone. How can we prove it?

This is a very common situation. Drivers rarely admit fault. We can overcome their denial by subpoenaing their cell phone records, which provide a timestamped log of their activity. We also search for eyewitnesses and analyze physical evidence from the crash scene that may contradict the driver’s story.

Can I still file a claim if I think I might have been partially at fault?

Yes. Missouri follows a “pure comparative fault” rule, established in Missouri Revised Statute § 537.765. This means you can still recover compensation even if you are found to be partially responsible for the accident. Your percentage of fault would simply reduce your final recovery.

Will I have to go to court for my distracted driving case?

The vast majority of personal injury cases are settled out of court. We are skilled negotiators who will build a strong case to pressure the insurance company to offer a fair settlement.

However, we prepare every case as if it is going to trial, and we will not hesitate to litigate if that is what it takes to get the best result for you.

How long does a distracted driving accident claim take to resolve?

The timeline for each case is unique. Factors that influence the duration include the severity of your injuries, the complexity of the evidence, and the willingness of the insurance company to negotiate in good faith.

While we work to resolve your case efficiently, our primary goal is to secure the best possible outcome, not the fastest one.

Take the First Step Toward Accountability

Jonathan Walner in a blue shirt and tie smiling

A distracted driver’s careless choice has caused you significant harm. You can hold them accountable and seek the financial resources you need to recover.

The legal team at Walner Law is ready to provide the strong, effective, and compassionate representation you deserve.

Contact us for a free, no-obligation consultation to discuss your case with a St Louis, MO Distracted Driving Accident Lawyer. Let us show you how we can help. Call us today at (312) 410-8496 or complete our online contact form to get started.

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