The State of Missouri bans text messaging and all other use of handheld mobile devices while operating a motor vehicle if a driver is 21 years of age or younger. The behaviors that are explicitly prohibited by Columbia when a person is operating a motor vehicle include sending, reading, or writing any type of electronic text or email. This applies to drivers 21 years of age or younger. They could still use hands-free, Bluetooth devices on their phone to speak. Also, one could argue that direct messaging via Facebook and Instagram could be considered text messaging.
If you or a loved one were injured in an accident due to a negligent motorist, a Rolla texting while driving accident lawyer could help you seek compensation. A diligent car accident attorney could investigate the collision, determine the cause, and collect evidence to help your case. Our experienced legal team at the A.W. Smith Law Firm has years of experience helping injured claimants recover compensation for their injuries. Schedule a free consultation to learn about your legal options.
If novice drivers are younger drivers, if they are 21 years of age or younger, cell phone use laws apply in Columbia. It is prohibited and against the law to send and receive text messages. Novice drivers are probably drivers that have not been driving as long, particularly 21 years of age or younger, as opposed to those who may be 40 or 50 years old. Missouri law prohibits drivers 21 years of age or younger, whether or not they are considered novice drivers, from sending, reading, or writing electronic texts or emails.
It is dangerous for anyone, regardless of age or driving experience, to have their attention diverted from the roadway. Drivers that operate commercial motor vehicles as well as individuals who operate buses, regardless of age, are prohibited from using handheld devices. An experienced Rolla texting while driving accident lawyer could help injured claimants understand the laws regarding distracted driving.
The use of a cell phone by the defendant at the time of an accident could impact the injury claim. If the defendant driver is 21 years of age or younger, it could be said that the defendant driver was breaking the law at the time of the collision. That may not be the case if they are 22 years of age or older. Nevertheless, one could argue that the use of a cell phone distracted the defendant driver, and that is what primarily caused or contributed to cause the collision, which injured the plaintiff.
The use of a cell phone by the plaintiff at the time of an accident could impact the injury claim of the plaintiff. There are certain exceptions to the use of a cell phone. One could argue that if they are over the age of 21, it is not illegal, so it is not prohibited by law. Nevertheless, the use of a cell phone by a possible plaintiff could increase their comparative fault in this situation. It depends upon the facts and circumstances of the particular collision, but it could increase their comparative fault and/or defeat their claim.
The injury claim could be impacted if both the injured party and the at-fault driver were found to be using their cell phones at the time of the accident. That goes to a comparative fault-type issue. Whenever a person is using their cell phone while operating a motor vehicle, they are traveling at a certain rate of speed. If they are using their mobile device, their attention is not directly ahead of them and where their motor vehicle is driving. Their attention is not looking at surrounding traffic patterns and surrounding motor vehicles. They may not be using the highest degree of care while operating their motor vehicle. If it is found that both parties are using their cell phones or mobile devices at the time of the impact, it may significantly affect the comparative fault of both parties.
A Rolla texting while driving accident attorney could collect evidence such as cell phone records to find out if the person was sending and receiving text messages. The cellular phone records also show if perhaps they were speaking to someone. Depending upon the facts and circumstances, they may or may not have been using a handheld device. The plaintiff’s distracted driver lawyer could also check the defendant’s social media page to find out if they were posting something at or near the time of the collision. It may serve as evidence that they were distracted at the time of the crash.
The kind of consent required for law enforcement and insurance companies to seize the phone records of drivers involved in a car accident in Columbia depends on what type of investigation is undergoing. If there is a criminal investigation, there is a different standard for law enforcement companies. When it comes to insurance companies as well as attorneys, there has to be consent, a written release, which is signed by the owner of the mobile device to receive those records.
Those who have been injured in a car accident should not try to handle their case alone. Injured claimants should reach out to our skilled legal team at the A.W. Smith Law Firm to learn about your eligibility to recover compensation for damages.
Let a Rolla texting while driving accident lawyer help your case. Call today to get started on your case.
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