KANSAS CITY, Mo. — The Siddens Bening Hands-Free Law, which prohibits drivers from using any handheld electronic communication device while operating a vehicle, took effect in Missouri on Monday.
Drivers can not hold — or support with any body part — a cell phone while driving. Drivers are prohibited from partaking in any function of texting while driving, including typing, writing, sending, or reading text-based messages. Additionally, drivers can not record, send, post or broadcast video while driving, which includes popular features like FaceTime.
Between 2012 and 2021, 200,000 crashes in Missouri were related to distracted driving and 801 fatalities were the result, according to MoDOT.
The number of distracted driving-related crashes has helped push for such legislation in Missouri, including the stories of two Missourians — Mike Bening, 46, of Raymore, and Randall Siddens, 34, of Columbia — who were killed by alleged distracted drivers.
“Our world was forever changed in that moment," said Stephany Bening, the widow of Mike Bening, who was killed in a distracted-driver related accident in May 2021.
Debris flew off of Mike Bening's boat/trailer, and while walking onto Interstate 49 in Cass County to retrieve the item, a woman looking down at her phone hit and killed him.
During a court appearance in July 2023, Stephany Bening met the woman involved in the fatal collision of her husband.
“Finally, I just said, 'I just want you to know my kids and I hold nothing against you. We forgive you,'” she said.
Stephany Bening said she broke down crying when the name of the law was announced and she realized her late husband would be honored.
Siddens, the other Missourian honored in the law, sustained injuries and later died after a driver, who was speeding while on a FaceTime call, struck him in May 2019, per an AAA release. He was collecting traffic cones after a triathlon race. His family now serves as advocates against distracted driving.
“We’ve seen a troubling and unacceptable trend of distracted driving crashes in recent years, and sadly, more times than not, someone other than the distracted driver was killed,” said MoDOT State Highway Safety and Traffic Engineer Nicole Hood in a press release. “We’re thankful the General Assembly and Gov. Parson recognized the need for a hands-free law in Missouri. We’re hopeful this law will change the safety culture around phone use while driving and save lives.”
In 2021 — the most recent MCRS data — more than half of of those killed in Missouri in distracted driving-related crashes were someone other than the distracted driver.
A warning will be issued to drivers until penalties will begin to be enforced on Jan. 1, 2025.
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