When a distracted driver was texting at the moment of impact, proving it requires more than their word — or their denial. Chris Miller at Bur Oak Injury Law subpoenas cell phone records, applies Missouri's Siddens Bening Hands-Free Law, and builds the digital evidence trail that insurance companies hope you never find. No fee unless we win.
(573) 499-0200 — call anytimeDistracted driving crashes involving cell phone use are more complex than typical car accident claims. Proving the other driver was texting at the moment of impact demands specific evidence collection, knowledge of Missouri's hands-free driving law, and experience countering insurance company tactics designed to deny liability before you even file a claim. The National Highway Traffic Safety Administration consistently identifies distracted driving as a leading cause of preventable crashes — yet insurance companies routinely deny it was a factor.
Missouri's hands-free law, effective August 28, 2023, prohibits physically holding or using a cell phone while driving. A violation is negligence per se — the statutory breach itself proves the driver failed their duty of care, giving victims a powerful legal advantage unavailable in most other states.
Call and text logs can timestamp exactly when a message was sent or received. App usage metadata shows when a screen was active and what was running. We move quickly to subpoena these records before carriers purge them — because once they're gone, they're gone.
Modern vehicles contain computers — often called "black boxes" — that record speed, braking, throttle position, and airbag deployment for several seconds before impact. This objective data often directly contradicts what the distracted driver claims happened in the moments before the crash.
Adjusters routinely deny that distracted driving caused the crash, attribute blame to the victim, and offer quick low settlements before full injuries are known. An attorney who understands how these tactics work — from the inside — knows exactly how to counter them.
Under Missouri's pure comparative fault law, you can recover compensation even if you share partial blame for the accident. Your damages are reduced by your percentage of fault — but you are not shut out of recovery. We work to minimize your assigned fault.
Cell records get purged. Surveillance footage gets overwritten. The Event Data Recorder can be lost if a vehicle is totaled quickly. Missouri law gives you five years to file a personal injury claim — but the most critical evidence needs to be preserved within days of the crash.
Before representing injured Missourians in court, Chris Miller served as a government attorney in the Missouri Department of Labor and administered the Missouri Division of Workers' Compensation — the state administrative body where disputed injury claims are heard and decided. He knows how insurance companies and state agencies evaluate injury claims because he administered that system.
At Bur Oak Injury Law, your case stays with Chris from the first call to the final outcome. No handoffs to associates or paralegals. When you call, you reach the attorney who will handle your case through every step.
Missouri joined the majority of states in restricting handheld cell phone use while driving when the Siddens Bening Hands-Free Law took effect on August 28, 2023. For accident victims, this law is more than a traffic regulation — it is a legal tool that can fundamentally change the strength of your case.
A successful distracted driving claim requires gathering and preserving specific types of digital and physical evidence quickly. We take immediate action to secure the evidence before it disappears.
We begin with a thorough review of your accident details and injuries — at no cost and with no obligation. We assess the strength of your injury claim, identify the evidence that needs immediate preservation, and explain your options clearly. Whether you contacted emergency services the day of the crash or not, we can help you understand where your case stands.
Time is critical. Phone records get purged. Surveillance footage gets overwritten. EDR data can be lost if a vehicle is destroyed. We send legal preservation notices and subpoenas for cell phone records, app usage data, and digital evidence fast — before the window closes. We also gather witness contact information while memories remain fresh.
Using the evidence collected, we build a compelling case that proves the other driver's negligence under Missouri's Siddens Bening Hands-Free Law and documents the full scope of your damages. Under Missouri's statute of limitations, you generally have five years to file — but we prepare your case thoroughly for both negotiation and trial from the start.
We advocate aggressively with insurance companies and opposing counsel for full compensation — medical expenses, lost income, pain and suffering, emotional distress, property damage, and future medical costs. You'll never wonder where your case stands. We maintain clear communication throughout and never pressure you to accept an inadequate settlement.
Missouri's Siddens Bening Hands-Free Law fundamentally changed distracted driving cases across the state. When we establish that the at-fault driver was holding or using a cell phone in violation of this statute, Missouri courts can treat it as negligence per se — meaning the statutory violation itself proves the driver breached their duty of care. This significantly strengthens your personal injury claim without requiring a separate argument about whether the driver was being careless. Combined with subpoenaed cell phone records, Event Data Recorder analysis, and accident reconstruction expert testimony, the Siddens Bening violation gives distracted driving victims in central Missouri a powerful legal advantage that simply did not exist before August 2023.
Missouri's pure comparative fault system means an injured victim can still recover compensation even if they share some responsibility for the accident — your award is reduced proportionally by your percentage of fault, but you are not shut out of recovery entirely. Recoverable damages include all medical expenses and ongoing treatment costs, lost wages and diminished earning capacity, pain and suffering, emotional distress, property damage, and in wrongful death cases, funeral costs and loss of companionship. The five-year statute of limitations under Chapter 516 RSMo provides time to build a complete case — but the most critical digital evidence, including cell phone records and surveillance footage, disappears within days to weeks of the crash. Contacting Bur Oak Injury Law immediately after a distracted driving accident gives your case the best possible foundation.
Bur Oak Injury Law handles texting while driving accident cases on a contingency basis — you pay nothing upfront. Our fee comes from the recovery we obtain for you. If we don't win, you don't pay. Your free initial consultation costs nothing, and you'll understand the full fee structure before deciding to move forward. There is no financial risk to calling.
Under Missouri Revised Statutes Chapter 516, the statute of limitations for personal injury claims is generally five years from the date of the accident. Wrongful death claims must be filed within three years of the date of death. However, waiting is dangerous — cell phone records get purged, surveillance footage gets overwritten, and witnesses forget details. The sooner you contact an attorney, the stronger your case will be.
Denial is common — but denial doesn't change the evidence. Cell phone data logs timestamp exact text transmissions. Cell tower ping data can match the driver's location to the moment of impact. Event Data Recorders in their vehicle show whether they braked or reacted to the collision. We subpoena the at-fault driver's cell records to match timestamps of sent texts with the exact time of impact. Under Missouri's Siddens Bening Hands-Free Law, a documented statutory violation combined with forensic digital evidence typically overcomes denials effectively.
Missouri law allows injured victims to pursue compensation for medical expenses and ongoing treatment, lost wages and diminished earning capacity, pain and suffering, emotional distress, and property damage. In wrongful death cases, families can recover funeral costs, lost financial support, and loss of companionship. Under Missouri's pure comparative fault rule, you can recover even if you share partial responsibility — your award is simply reduced by your percentage of fault, not eliminated. The specific amount depends on the severity of your injuries and the strength of the evidence.
Yes — significantly. Missouri's Siddens Bening Hands-Free Law, effective August 28, 2023, prohibits drivers from physically holding or using a cell phone while operating a vehicle. A violation of this statute can be used as evidence of negligence per se in a Missouri personal injury claim. This means if we can prove the other driver was holding or using their phone, we've essentially established they breached their legal duty of care. Fines for violations start at $150 for a first offense after January 1, 2025, with escalating penalties for repeat violations. This is a powerful tool that makes distracted driving cases stronger than ever.
Distracted driving cases often involve complex injury claims. Chris Miller handles all aspects of personal injury law across central Missouri — from car accidents to catastrophic injuries to workplace incidents.
No fee unless we win. Serving clients across Columbia, MO and central Missouri.