The Toll of Distracted Driving
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,275 lives in 2023 alone. Beyond fatalities, an estimated 324,819 people were injured in distraction-related crashes. These numbers aren’t just statistics; they represent families torn apart and lives permanently altered by another’s careless act. While teenagers are often cited as the highest-risk group, distracted driving affects every demographic. From delivery drivers rushing to meet quotas to parents trying to referee arguments in the backseat, the epidemic is widespread, and none of us are immune.
When a driver engages in a secondary task—like texting—their brain switches focus, leading to a phenomenon called “inattention blindness.” They can look directly at a stop sign or a pedestrian and fail to “see” them because their brain is busy processing a text message rather than what they see on the road.
Even after putting their phone down, a driver’s brain can stay distracted for up to 27 seconds. Though their eyes are back on the road, their driving remains impaired.
What Distracts a Driver?
According to the NHTSA, a distraction can be visual (taking your eyes off the road), manual (removing your hands from the steering wheel), or cognitive (shifting your mental focus away from driving). The most common distractions implicated in serious motor vehicle crashes include:
- Talking on the phone:Â Even hands-free conversations can cause cognitive distraction.
- Texting and emailing:Â These “triple threats” distract a driver visually, manually, and cognitively.
- Adjusting the radio or climate controls:Â Fiddling with in-vehicle systems takes both the eyes and the mind off the road.
- Programming GPS:Â Entering an address while moving is a major cause of highway crashes.
- Eating or drinking:Â Spilling hot coffee or dropping food can cause a driver to panic and lose control of their vehicle.
- Interacting with passengers:Â Turning to talk to kids in the back seat or arguing with a passenger distracts a driver from the road.
- Grooming:Â Applying makeup or shaving in the rear-view mirror distracts a driver visually, manually, and cognitively.
- Rubbernecking:Â Turning your attention to a roadside crash risks causing another wreck.
Distracted Driving Isn’t Just Careless, It Might Be a Crime
The vast majority of states, along with Washington, D.C., Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands, have enacted laws that prohibit drivers from texting or using handheld cell phones while at the wheel.
What does that look like in our region?
Arkansas: Paul’s Law
Passed in 2009 and updated since, Paul’s Law prohibits drivers from using a handheld wireless telephone for activities such as:
- Typing, sending, or reading text messages.
- Emailing or accessing the internet.
- Social media use.
Drivers over 21 may still make voice calls, but they must use a hands-free device when driving through school or construction zones. It’s completely illegal for anyone under 18 to use a cell phone while driving, except in emergencies. Drivers aged 18 to 21 must use hands-free devices for voice phone calls, no matter the road conditions.
Missouri: Siddens Bening Hands-Free Law
As of 2025, Missouri had fully implemented the Siddens Bening Hands-Free Law, making it illegal for drivers of all ages to:
- Physically hold or support a device with any part of the body (including laps).
- Manually type, write, or read text-based communications (texts, emails, social media).
- Watch videos or movies.
- Record or broadcast video, including video calls.
- Enter data into apps, websites, or search engines.
Use of hands-free features (Bluetooth/voice commands) is still permitted in Missouri.
Oklahoma: The Trooper Dees & Trooper Burch Act
Oklahoma law mandates that all drivers devote their “full time and attention” to driving.
Passed in 2015, the Trooper Dees & Trooper Burch Act made it illegal to manually compose, send, or read any text-based communication while the vehicle is in motion. Novice drivers—those with a learner’s permit or intermediate license—are banned from using any handheld electronic device.
In 2025, it became illegal in Oklahoma to hold or use a handheld device in school zones and construction zones.
Your Legal Rights After a Distracted Driving Crash
If you or a loved one were injured by a distracted driver, you have the right to recover damages for everything the collision took from you and your family—not just hospital bills, not just time off work, but the full scope of harm, including compensation for:
- Medical expenses, including emergency care, hospitalization, surgery, follow-up treatment, rehabilitation, prescriptions, and future medical needs.
- Long-term care costs, including inpatient rehabilitation, home health services, assistive devices, and required home or vehicle modifications.
- Lost wages for income missed while recovering.
- Loss of earning capacity, when injuries limit or end your ability to work.
- Pain and suffering, for physical pain and ongoing limitations.
- Emotional distress and mental anguish, including anxiety, trauma, and sleep disruption.
- Permanent injury, disability, or disfigurement, such as scarring or loss of mobility.
- Loss of enjoyment of life, when injuries interfere with daily activities and independence.
- Loss of consortium, to compensate a spouse for the resulting loss of companionship, support, and intimacy.
- Out-of-pocket expenses, including transportation, medical equipment, and household assistance.
- Property damage, including repair or replacement of your vehicle and personal property.
When a crash proves fatal, the law also allows surviving family members to pursue wrongful death damages against the at-fault driver, including:
- Funeral and burial expenses.
- Loss of financial support and benefits.
- Loss of household services.
- Loss of companionship and guidance.
- Mental anguish suffered by surviving family members.
Unfortunately, you can’t trust the distracted driver’s insurance company to look out for your best interest. They only want to protect their bottom line. They’ll delay, minimize your injuries, and even shift blame to achieve that objective. If you’re going to maximize your compensation, you need someone on your side fighting just as relentlessly for you.
As tenacious advocates for the injured and wronged, your fight is our fight. Our Arkansas car accident attorneys approach every case with the determination of a bulldog, focusing on one goal: forcing the insurance company to take responsibility and cover every cent of your losses, so you and your family can focus on healing and rebuilding your lives.
Determining Fault in a Distracted Driving Crash
When a collision occurs because a driver was texting, using an app, adjusting in-vehicle systems, or otherwise distracted, responsibility obviously lies with that driver. But liability is not always limited to the distracted driver alone. Depending on the specific circumstances of your crash, other parties may share responsibility for your injuries and losses:
- An Employer:Â If the distracted driver was making deliveries or performing other work-related duties.
- A Rideshare Company:Â If the crash occurred while a rideshare driver was using the rideshare platform.
- A Manufacturer:Â If defective brakes, tires, steering components, safety systems, or driver-assist technology contributed to the crash or failed to prevent it.
- A Mechanic or Repair Shop:Â If poor repairs or negligent maintenance contributed to the crash.
- A Government Agency or Municipality: If dangerous road conditions—such as poor lighting, missing signage, malfunctioning traffic signals, or inadequate roadway maintenance—played a role in the crash.
- Another Negligent Driver:Â If the initial crash set off a chain reaction, other drivers may be held accountable if their actions contributed to subsequent collisions.
Because Arkansas, Missouri, and Oklahoma have implemented versions of comparative fault laws, any party found liable for your injuries can be required to contribute a share of any damages awarded to you and your family, corresponding to their level of responsibility. However, if your actions also contributed to the crash, any compensation awarded to you would also be reduced by your percentage of fault, in accordance with the applicable state law.
Of course, the insurance company might try to use comparative fault to limit your payout. In addition to identifying every liable party, you can be certain that our Arkansas car accident attorneys will push back hard against any attempts to unjustly blame you for the crash.
We Can Level the Playing Field
If you’ve been injured by a distracted driver, it can be difficult to see a clear path forward, especially when a powerful insurance company is determined to work against you. You don’t have to carry that weight alone. Our attorneys are here to support you, taking on the insurance burden so you can focus on what truly matters.
You and your family have been through enough. Let our experienced and compassionate Arkansas car accident lawyers level the playing field. Call 800-671-4100 or reach out to us online to schedule a free consultation to learn how Caddell Reynolds can help.
