St. Louis Distracted Driving Accident Lawyers

In today’s world of constant connectivity, distraction is the new normal. In some realms, like an “at home” evening after work, that’s not necessarily a bad thing. However, in certain contexts, distracted attention has catastrophic and deadly effects. The situation that has become synonymous with distracted driving, with “texting and driving” almost an globally recognized expression. And yet, every day, around 800,000 drivers use a cellphone or an electronic device while driving. Read that sentence again, because the sheer number of people who cavalierly put their lives, and the lives of others, at risk is sobering. Studies have shown that the risk of a crash increases almost four-fold for cell phone distractions and, when you read the detailed statistical breakdowns, the blood boils. Indeed, the National Highway Traffic Safety Administration cites accidental injury as the number cause of death in the United States. Thus, distracted drivers kill more than 8 Americans every day.

Distracted Driving is a Hazard to Every Driver on the Road

The population of distracted drivers includes all sorts of people at any given time. From teenagers who are attached to their cell phones, to adults running late for work appointments who continually glance at the phone screen, they are everywhere.

As well, distracted driving is a multi-level threat because it includes not only those drivers who text but also, read email, check out social media, compose a tweet, scroll about with GPS systems, or (this is true) watch movies on the phone screen while driving. That’s right. Studies have shown that movies are being played on a driver’s screen and, in one bizarre example, a driver rear-ended another vehicle when his movie ended. He had to get to the end of the next movie before deciding what to do.

Most ridiculous. And illegal. Let’s take it further and get into what distracted driving encompasses.

Getting a “Handle” on the Cell Phone Use Problem

With 77% of Americans owning smartphones, we have created a need for connected cell phones no matter the time of day or night. Phones buzz and exciting sounds get our attention and, for many, it is impossible to disregard them.

Thus, it is no longer sufficient for Missouri drivers to “put down the phone” to avoid texting while driving. That’s now simply a first step. Think for a moment about the stats above – an estimated 800,000 drivers using a cell phone while driving every day. Is it also enough simply to get individuals to “put down the phone” while driving. Even more alarming is that many no longer hold the phone down while texting. It’s in the center of the steering wheel, right at eye line, which makes the rest of the road less important.

Consider that “texting” can involve:

• Manually entering information into a GPS system
• Answering a phone call
• Looking up a contact’s phone number
• Composing an email, Twitter message, or surfing the internet
• Applying makeup, also? Yes, that is not, actually, not among normal distracted driving activities, but it happens. Lots. It’s all about taking your eyes off the road, not keeping hands on the wheel, and failing to give the road your full attention.

In July 2021 AT&T CEO, John T. Stankey, wrote that the country was experiencing an alarmingly sharp surge in motor vehicle fatalities, the consequence of behavior we all know full well is dangerous. Though improved road safety is the goal of everyone, these fatalities are rising, not falling. He further said that “People know distracted driving is dangerous, and they save their own lives and other people’s lives by not participating – just like they save lives when they buckle up. But with the steady march of technology into every corner of our lives, too many people still break the law every day and use their smartphones while driving.” He goes on to remind us of the It Can Wait campaign, urging drivers to put their phones down, committing to keep their eyes on the road and their minds on driving. In the midst of this pandemic, with less traffic here and there, it’s problematic that distracted driving fatalities actually rose. It’s a grim reminder that tragic accidents can be prevented – it’s entirely within our power as a country to make 100% decided progress towards sooner achieving zero.

Instrumental Statistics From the Missouri Department of Transportation

First, how big is the problem?

• Every 24 seconds in America, there is an auto crash after driver’s use a cell phone
• Today’s drivers are spending more than 50 minutes in their cars every day
• The average number of texts an American sends every day is five while the percentage of cell phone use by teens in fatal auto crashes is the same as adults.

Missouri law requires monitoring motor vehicle crashes on Missouri roadways. Where cell phone use is a contributing circumstance of a motor vehicle crash, the patrol (Missouri State), St. Louis County Police Department, and the Kansas City Police Department must identify the circumstances regarding the driver’s cell phone use for accidents in their jurisdiction that the patrol investigates. The statistics are worth noting as of 2021:

• Missouri – Last Two Year Average Data: 4,193 cell phone-related crashes occurred in the two-year scheme, killing 32 and injuring over 1,000.
• Five phones are involved in cell phone-related motor vehicle crashes every month.
• April 2021: 78.3% of Missourian drivers were wearing a fastened safety belt
• One vehicle crash happens, people are injured, or killed every 11.2 minutes in Missouri, and 80% of these crashes involve an inattentive driver.
• June 2021: Accidents involving commercial vehicles dropped not only in Missouri but in surrounding states where troopers have law enforcement responsibilities. These decreases include St. Louis District (Missouri) – 34.10%; St. Louis City – 22.22%; Kansas City District – 32.35%; Springfield – 37.9%; Joplin District – 30.43%; Jefferson City District – 26.25%; St. Joseph District – 47.37%.
• For this particular article, only rural ambulances that were Missouri domiciled were included. Medical expenses in this category were derived by identifying the primary kind of care given as well as by obtaining the facility’s charge for that care. July 1, 2021: Roughly 1 in 3 rural ambulances have closed in Missouri, a statistic that is leading the Missouri Ambulance Association and the Missouri Rural Health Association to request that state legislators improve reimbursement for emergency services.

Recovery for Accident Injuries Involves Liability and Negligence of Cell Phone Users

Standing alone, an injury claim’s details can present enough complications. Missouri comparative fault rules might allow for allocating some percentages of injury either to the injured party or the party or parties that caused the injury.

Add to that the distraction component and a case can be greatly complicated, usually by defendant parties who will go to extraordinary lengths to demonstrate that they were not, in fact, the distracted driver.

Liability and insurance limits are two common obstacles. Even with the best kind of insurance, recovery for medical expenses will, at best, be a fraction of all medical expenses.

In DUI accident recoveries, assuming a claimant opts to sue the individual driver, the better claim will be with the insurance company, which likely has more assets and ability to pay compensation. But just because a case in a distracted driving matter does involve insurance, it DOES NOT mean that insurance is the crucial issue. For now, it’s important to establish the primary actor in causing the accident. Next, as a victim, the focus goes toward insurance resources and, if any personal assets are discovered, the litigation strategy will be designed to address that person.

However, it is important to remember that insurance policy limits can be a dominating issue in the case and can therefore make the case much more complex. As well, trying to decipher and obtain the specific terms and notions of a policy can be challenging because insurance claims adjusters seem to take advantage of the intricacy of Missouri auto policy.

Can policy limits never be exceeded if medical expenses are great. HIPPA gives a claimant the right to request medical records and a medical bill  Even just getting a medical expense itemized report can take time as all records would have to reviewed and relieved as well. So before getting to this details it to prove liability first and determine what policy a company has, whether the driver was in the scope of employment, etc.

When the Poor Judgment of a Distracted Driver Changes a Life Forever

See how the cases just become so involved? The issues of liability, resolving comparative negligence, issues with insurance providers, determining appropriate policy coverage and much more all factor in. Above all of that, an injured party is just trying to focus on recovery and the next steps. Yet, in the midst of difficult times, one does always have the right to review all available legal options.

One can even start a conversation with an expert in personal injury litigation and get better understanding of legal strategy that could best position all the options and opportunities.

To Reach a Lawyer with Wide Experience in Personal Injury Law

Timely, responsive legal representation and pertinent advice also requires you to work with attorneys who skillfully fathom all the shades of liability and insurance coverage in car accident cases. That's true because Montlick & Associates focuses every day on complex, difficult-to-resolve injury and wrongful death cases. Its attorneys possess and bring to the table decades of collective legal skill and strong litigation oversight. They have realized that one can also only best represent those who are as knowledgeable as possible about how to win the cases or get the best settlement for the people who have been wrongfully injured or killed.

At the law office of Coyne, Cundiff & Hillemann, P.C., we help motorists in St. Louis and across Missouri when they have been seriously injured by a distracted driver. Our lawyers are experienced litigators ready to fight on your behalf following a car crash or auto-defect accident. To contact our attorneys, use our online form or call (636) 561-5599 (local) or (636) 561-5599!