Distracted driving is a leading cause of car accidents, injuries, and fatalities in Colorado and across the United States. Each year, thousands of lives are upended by drivers who fail to pay attention to the road, whether due to texting, adjusting the radio, or other distractions. The aftermath of these accidents can be overwhelming and harrowing for victims. If you’ve been injured in an accident caused by a distracted driver, you may be wondering about your rights, the legal consequences for the driver, and how to seek justice.
This article answers common questions from distracted driving victims and provides insights into Colorado’s distracted driving laws and what they mean for your case.
What Is Considered Distracted Driving in Colorado?
Distracted driving involves any activity that diverts attention from the road. Common examples include:
- Texting or using a phone
- Eating or drinking
- Adjusting the stereo or GPS
- Grooming (e.g., applying makeup)
- Talking to passengers
- Posting on social media
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed the lives of 3,308 people in 2022 alone. Victims of distracted driving accidents in Colorado often experience significant physical, emotional, and financial challenges due to another person’s careless behavior.
What Are the Laws Around Distracted Driving in Colorado?
Colorado has specific laws designed to combat distracted driving:
- Texting While Driving: Texting while driving is prohibited for drivers of all ages. This includes manual data entry, browsing the internet, and sending messages. It is also illegal to text while stopped at a red light or stop sign.
- Cell Phone Use for Drivers Under 18: Drivers under the age of 18 are prohibited from using cell phones entirely, even in hands-free mode. This law aims to reduce accidents caused by inexperienced drivers.
- Emergency Exceptions: Drivers may use their phones in emergencies to contact public safety entities, such as reporting an accident, a road hazard, or a medical emergency.
However, it’s important to note that distracted driving is a secondary offense for adults in Colorado. This means that police officers cannot pull someone over solely for texting or phone use; they must first observe another infraction, such as careless or reckless driving, before issuing a citation for distracted driving.
What Are the Penalties for Distracted Driving in Colorado?
The penalties for distracted driving vary based on the driver’s age and the severity of the offense:
- For Drivers Under 18:
- First offense: $50 fine and 1 point on the driver’s record.
- Subsequent offenses: $100 fine and 1 point per violation.
- For Drivers 18 and Older:
- First offense: $300 fine and 4 points on the driver’s record.
- Subsequent offenses: $300–$1,000 fine, 4 points, and potentially up to one year in jail.
These penalties are designed to deter drivers from engaging in dangerous distractions, but they often do little to help victims recover from their injuries and damages.
Common Questions From Distracted Driving Victims
1. Can I Hold the Distracted Driver Liable for My Injuries?
Yes, if you’ve been injured in an accident caused by a distracted driver, you have the right to file a personal injury claim against them. To prove liability, your attorney will gather evidence. This can be challenging, but it’s not impossible. Common evidence includes:
- Phone records: Showing calls or messages sent at the time of the accident.
- Witness statements: Testimonies from passengers or bystanders who observed the driver’s behavior.
- Dashcam or surveillance footage: Capturing the moment of distraction.
- Police reports: Detailing observations from responding officers.
An experienced attorney can help you demonstrate how the driver’s distraction directly led to the accident and your resulting injuries.
2. What Types of Compensation Can I Seek?
As a victim of distracted driving in Colorado, you may be eligible for several forms of compensation, including:
- Medical expenses: Covering hospital stays, surgeries, medications, and ongoing treatment.
- Lost wages: Reimbursement for income lost during recovery and compensation for reduced earning capacity.
- Property damage: Repair or replacement of your vehicle and any damaged personal property.
- Pain and suffering: Compensation for the emotional and physical toll of the accident.
- Punitive damages: In cases of gross negligence, such as texting while driving, punitive damages may be awarded to penalize the at-fault driver.
3. Do I Need a Lawyer for My Distracted Driving Case?
While you’re not required to have a lawyer, working with an experienced attorney is highly recommended. Insurance companies often try to minimize payouts, and proving distracted driving can be complicated. A skilled attorney can handle the legal process, negotiate with insurers, and ensure you receive the compensation you deserve.
How Legal Help in Colorado Can Support You
We understand the challenges victims face after a distracted driving accident. Our experienced attorneys specialize in holding negligent drivers accountable and securing compensation for victims. We don’t represent drivers who cause accidents—we focus on helping those who have suffered because of someone else’s recklessness.
Why Choose Legal Help in Colorado?
- Proven Results: We have a track record of success in personal injury cases, including those involving distracted driving.
- Compassionate Support: We’re here to guide you every step of the way, answering your questions and addressing your concerns.
- No Upfront Fees: We work on a contingency basis, meaning you don’t pay unless we win your case.
If you’ve been injured in an accident caused by a distracted driver, you deserve justice and fair compensation for your losses. While Colorado’s laws impose penalties on distracted drivers, these do little to address the pain and financial burden victims endure. So, don’t face this journey alone—contact us today for a free consultation.
