You can legally use your cell phone while driving as long as you are not holding the device. This is due to Missouri’s hands-free law. However, there is an emergency exception. If you need emergency services while you are driving, it is legal for you to pick up your cell phone and use it to request them.
If a driver is using their cell phone and slams their vehicle into yours, hold them accountable. Talk with a Kansas City car accident lawyer. From here, your attorney learns about your accident and determines if you have grounds for legal action. If so, your lawyer will advise you to seek compensation from the liable driver via an insurance claim or personal injury lawsuit.
When Can You Legally Use Your Cell Phone While Driving in Missouri?
In Missouri, you can legally utilize your cell phone’s hands–free or voice-activated features while driving. For example, you can pair your phone with your car’s Bluetooth system. This allows you to make calls or access other phone functions hands-free while driving.
Missouri law states that you cannot hold or support a cell phone with any part of your body while driving. In addition, it is against the law for a driver to read or send texts, send emails, or record or watch videos on their phone.
Emergencies sometimes warrant the use of a cell phone while you are driving. If you see a motorist get into an accident, it is legal for you to pick up your phone and call 911 to report the incident.
What Are the Penalties if You Violate Missouri’s Hands-Free Law?
Starting January 1, 2025, Missouri law enforcement began issuing citations to those who violated the state’s hands-free law. Below are the penalties that drivers can receive if they fail to put their phones down while behind the wheel:
- First Conviction in Two Years: Fine of up to $150
- Second Conviction in Two Years: Fine of up to $250
- Third or More Conviction in Two Years: Fine of up to $500
A motorist who violates the hands-free law in a school or work zone can be fined up to $500. If a driver breaks the hands-free law and causes a serious injury crash, they face up to six months in jail and a maximum fine of $1,000. In a situation where a driver breaches the hands-free law and is liable for a fatal accident, they can receive a prison sentence of up to seven years.
Contact our Kansas city personal injury lawyers now.
Tips to Help You Comply with Missouri’s Hands-Free Law
Take advantage of an in-vehicle mount for your cell phone. That way, if you want to use your phone legally while driving, you can utilize voice-to-text and other hands-free features of your device, which will be securely mounted in place.
Sync your phone with your car’s Bluetooth system so you can access various functions of your device hands-free. Before you start driving, test your phone to make sure that you can make calls and access other phone functions via Bluetooth.
Consult with an auto collision lawyer if you are involved in a car accident and the other driver was using their cell phone at the time of the incident. Trust an attorney who has received many positive client testimonials. Your lawyer can share legal FAQs and resources with you. They can build your case against the other motorist.
How Can You Prove That a Motorist Was Using Their Cell Phone While Driving?
Your car accident attorney can subpoena a motorist’s phone records, which include the dates and times that text messages or emails were sent or viewed and phone calls were made or received. These records can support your claim that a motorist who crashed their car into yours was illegally using their cell phone.
Witness statements make a difference in terms of proving that a driver was utilizing their cell phone and caused your accident. A passenger who was traveling with this driver can say whether this motorist was on the phone. There may also be pedestrians or other drivers who can describe what they saw, including that the motorist had their phone in their hand.
Traffic camera footage and social media posts can be valuable in a car accident case. Footage from traffic cameras can show if a driver was using their cell phone. Social media posts can indicate if a motorist was posting content online leading up to an accident. They can be used as evidence and boost your chances of getting your desired case results.
The Bottom Line on When You Can Legally Use Your Smartphone While Driving
Err on the side of caution when in doubt about the legality of using your cell phone while driving. Remember, you can always park your car and make a phone call or send a text. If someone violates Missouri’s hands-free law and you get hurt due to their actions, you have the right to pursue compensation from the liable party.
Foster Wallace Personal Injury Lawyers has recovered over $1 billion in compensation for auto accident victims and many others. We offer comprehensive legal services and support to those dealing with the aftermath of an auto collision.
Our lawyers can help you prove that someone violated Missouri’s hands-free law. For more information, contact us today.
