Understanding Missouri’s New Rules for Drivers Who Look Away From the Road

Key Takeaways: Under Missouri’s Siddens Bening Hands Free Law (RSMo 304.822), distracted driving includes holding or manually using an electronic communication device while the vehicle is in motion, covering texting, scrolling, dialing, manual app entry, and watching non-navigation video. The statute defines regulated devices broadly to include smartphones, tablets, and similar gadgets, while permitting limited hands-free, voice-operated, and emergency-related uses for noncommercial drivers. Penalties escalate from an infraction with fines up to $150 for first offenses, rising to $500 for repeat offenses, and reaching a class D felony when distraction causes death. Because enforcement is limited and many violations are secondary offenses for noncommercial adult drivers, a citation is not required to pursue a civil claim. For passengers and motorists hurt in rideshare crashes, gathering phone records, app logs, dashcam footage, and witness statements early is essential to proving negligence.

Distracted driving under Missouri’s hands-free law includes any moment a driver holds or manually uses an electronic communication device while the vehicle is in motion. The statute targets texting, scrolling, dialing, and watching videos behind the wheel, all of which pull a driver’s attention from the road. For passengers and other motorists hurt in an Uber or Lyft crash, understanding these rules is the first step toward identifying negligence.

If you or a loved one was injured by a distracted rideshare driver in the St. Louis area, Halvorsen Klote Davis is ready to help. Call us at (314) 451-1314 or reach out through our secure contact form to discuss your case. Acting early helps preserve critical evidence.

The Statute Behind the Hands-Free Rules

The governing law is the Siddens Bening Hands Free Law, found in Missouri’s traffic code.
RSMo 304.822.1 states that "This section shall be known as the ‘Siddens Bening Hands Free Law’."
This statute defines prohibited electronic communication device use while driving. You can review the full text through the Missouri Revised Statutes.

The law defines regulated devices expansively.
RSMo 304.822.2(2) describes an "Electronic communication device" as "a portable device that is used to initiate, receive, store, or view communication, information, images, or data electronically."
This covers smartphones, tablets, and similar gadgets. A distracted rideshare driver checking a tablet or scrolling an app falls within the prohibition.

💡 Pro Tip: If you were a passenger during a rideshare crash, note whether the driver was holding or glancing at a device. Even a brief observation, written down soon after, can support a later claim.

What the Missouri Hands Free Law Actually Prohibits

The law bans specific behaviors that take a driver’s focus off driving.
RSMo 304.822.3 prohibits making communications, manual entry of "letters, numbers, or symbols into any website, search engine, or application," data retrieval, and watching "a video or movie…other than watching data related to the navigation of the vehicle."
These prohibited acts capture the most common forms of screen-based distraction.

Reading and typing messages sit at the core of the prohibition.
Missouri’s law "generally prohibits someone from driving while they are reading or typing a text message or another non-voice message or communication on a cell phone or a similar device capable of providing a visual display in the view of the driver…while the vehicle is in motion."
A driver does not have to cause a crash to violate the rule, the conduct itself, while moving, is what the statute targets.

Some uses remain lawful for noncommercial drivers under defined exceptions.
RSMo 304.822, Section 5(3) provides an exemption for "Operators of noncommercial motor vehicles using an electronic communication device solely through a voice-operated or hands-free feature or function."
A separate, narrower provision in Section 3(2) exempts hands-free conversion of text-based messages, but only if the operator does not divert his or her attention from lawful operation of the vehicle.
Voice commands and hands-free dictation are generally permitted, but the narrow Section 3(2) condition applies to voice-operated conversion of text messages.

Exceptions That May Apply in Certain Situations

The statute carves out limited exceptions for emergencies and official duties.
RSMo 304.822 includes exemptions for law enforcement and emergency vehicle operators performing official duties, and for operators "reporting an emergency situation and continuing communication with emergency personnel during the emergency situation."
These exceptions are narrow and courts interpret them in line with the statute’s safety purpose.

Navigation data is treated differently than entertainment video. Watching navigation data is allowed, while watching movies or other video is not. This distinction matters in rideshare cases, where drivers rely heavily on mapping apps. The key question is often whether the driver was following directions or doing something the statute forbids.

💡 Pro Tip: Rideshare drivers often interact with their app to accept rides or confirm drop-offs. Whether that interaction was hands-free or manual can become a central issue in a crash investigation.

Penalties When Distracted Driving Causes Harm

Missouri grades distracted driving offenses based on the harm they cause.
A first violation is an infraction carrying a fine of up to $150, with that fine rising to $250 for a second offense and up to $500 for a third or subsequent offense within twenty-four months; the offense becomes a misdemeanor or even a felony when the distracted driving causes injury or death.
This tiered structure reflects how dangerous inattentive driving can be.

The penalties follow a clear progression.
Under RSMo 304.822, base fines rise from up to $150 for a first offense to up to $250 for a second and up to $500 for a third or later offense within twenty-four months; enhanced fines apply in work zones with workers present or in school zones; property damage over $5,000 is a class D misdemeanor; serious physical injury is a class B misdemeanor; and a violation causing another person’s death is a class D felony.

A criminal penalty is separate from a civil injury claim. A traffic citation addresses the driver’s accountability to the state, not your right to recover damages. A civil personal injury claim focuses on proving negligence, causation, and compensable losses such as medical bills, lost wages, and pain and suffering. These processes proceed independently.

How Enforcement Limits May Affect a Rideshare Crash Claim

Enforcement of this law has been deliberately limited in its early phase. According to the statute,
until January 1, 2025, an officer who stopped a non-commercial vehicle would issue only a warning, and no driver could be stopped, inspected, or detained solely for a violation of this law.
For noncommercial adult drivers, the law is enforced as a secondary offense. This means tickets are less likely even when distraction contributed to a crash.

Because citations may be scarce, civil evidence becomes especially important. Phone records, app usage logs, dashcam footage, and witness statements can help establish that a driver was distracted. In a rideshare crash, coverage may shift depending on whether the app was on and whether a passenger was in the car. A St. Louis rideshare accident lawyer can help investigate which policy applies and preserve data before it disappears.

💡 Pro Tip: Phone and app records can be overwritten or deleted over time. Sending a preservation request quickly can protect this evidence for your claim.

Why Distracted Driving Remains a Safety Priority in Missouri

State officials have framed distracted driving as a serious safety concern.
Col. Replogle called on all Missouri drivers to honor the letter and the spirit of the law, regardless of age, and stop texting while driving.
The hands-free statute reflects this broader public safety goal.

The data behind the law is sobering.
In 2012, driver inattention contributed to over 22,000 Missouri traffic crashes, including 92 fatalities where cell phone use was the distraction, and 357 crashes citing texting while driving as a contributing cause.
These figures illustrate the documented consequences of inattention.

The hands-free law closed a gap in earlier protections. Before the broader statute,
a Missouri Highway Patrol campaign complemented the state’s anti-texting law, which prohibited use of texting devices for drivers 21 years of age and younger.
You can read about that earlier effort in the Highway Patrol’s anti-texting announcement. Extending the rules to all ages was a major reason the current law was needed. To understand how these changes affect passengers, see our overview of what the hands-free law means for riders.

Frequently Asked Questions

1. Can I still bring a claim if the driver was not ticketed?

Yes, in many cases. Because enforcement is limited and many violations are treated as secondary offenses, a citation is not required to pursue a civil claim. Civil liability turns on proving negligence and causation, which may rely on phone records, witness accounts, and other evidence.

2. What types of distraction does the statute actually cover?

The statute reaches a wide range of conduct. It covers making communications, manually entering text into websites or apps, retrieving data, and watching video other than navigation data. The definition of an electronic communication device is broad enough to include devices beyond phones.

3. How do penalties change when someone is seriously hurt?

Penalties escalate with the severity of harm. Serious physical injury can elevate the offense to a class B misdemeanor, and a death can result in a class D felony under RSMo 304.822. These criminal classifications are separate from any civil claim for damages.

Protecting Your Rights After a Distracted Driving Crash

Missouri’s hands-free statute gives injured people a clearer framework for showing negligence. The law bans texting, manual app use, and video watching while driving, with penalties that rise when distraction causes injury or death. However, enforcement limits mean gathering civil evidence early is often essential.

If a distracted rideshare driver caused your injuries, you do not have to navigate the insurance maze alone. The team at Halvorsen Klote Davis is prepared to investigate fault, preserve key records, and pursue the compensation you may be owed. Call us today at (314) 451-1314 or send a message through our online case review request to take the next step toward recovery.