Texting and driving is a dangerous and reckless driver behavior. It is impossible for a driver to dedicate 100 percent of his or her attention to the road while texting. This risky type of driver distraction is behind hundreds of serious car accidents in Colorado each year.
If you or a loved one has been injured in a texting and driving accident in Lakewood, please contact Lakewood personal injury attorney at Flesch Law. Our texting and driving lawyers provide free initial consultations.
Distracted driving accidents involving texting and driving can take cause serious injuries to individuals involved. At our law firm, our attorneys understand the complexities that texting and driving cases have on not only the victims, but also their families.
Flesch Law specializes in hit and run accidents and has helped injured individuals victimized by the actions of distracted driving recoup damages to help offset the injuries suffered in a texting and driving accident. Our law firm has more than thirty years of legal experience largely specializing in personal injury cases. Our firm offers free consultations where accident victims can ask questions regarding the specifics of their case. If you or a loved one have suffered injury in a texting and driving accident, Flesch Law, can help.
Hiring a Lakewood texting and driving attorney can make it easier to obtain the financial outcome you need to move forward. Your lawyer can take care of the car accident investigation and claims filing for you while you receive medical care and concentrate on physical and emotional healing.
An attorney will have the resources to collect evidence and prove texting and driving. An attorney can also negotiate with an insurance company on your behalf for maximum results.
Yes, texting and driving is illegal in Colorado. State law holds that while regular cell phone use for voice calls is allowed, no driver may use a cell phone for manual data entry or transmission while driving. This law effectively prohibits:
If the driver is under the age of 18, voice calls are also prohibited while driving. The only exceptions are for emergencies. If a driver has a reason to fear for his or her safety, believes someone is committing a crime, needs to report a reckless driver, or needs to report a serious traffic accident, he or she may use a cell phone to send text messages or make phone calls to contact a public safety entity.
The penalty for texting while driving in Colorado is $300 for a first offense and up to $1,000 for a subsequent offense. A first-offense texting while driving infraction is a class 2 misdemeanor traffic offense. The driver could also face up to one year in prison for a subsequent offense or for causing bodily injury or death by texting and driving – both of which are class 1 misdemeanors.
These penalties come from C.R.S. § 42-4-239, which outlines Colorado’s distracted driving laws. Under this statute, the court has the authority to hand down different levels of punishment depending on what happened and whether the driver has a history of similar offenses. For example, while a class 2 misdemeanor might just come with a fine, a class 1 misdemeanor opens the door to jail time if the texting leads to an injury or death.
There are also other consequences most drivers do not think about at first. Points may be added to your driving record, which can increase your insurance premiums and make it harder to keep your license in good standing. If you have a commercial driver’s license or rely on your vehicle for work, that one mistake can cost you a lot more than just the fine.
If the incident happens in a school zone or construction area, the penalties may be enhanced further. Judges can also look at the driver’s history, whether children were in the vehicle, and whether the behavior put others at serious risk. All of these factors can change the outcome of the case and what penalties are handed down. This is why texting and driving charges should never be taken lightly.
Colorado is a fault state. This means that after a car accident, the individual or entity at fault for causing the vehicle collision will have to pay for damages. All drivers in Colorado must carry minimum amounts of certain types of automobile insurance, including bodily injury liability insurance and property damage insurance.
Car insurance liability coverage will pay for victims’ medical bills and vehicle repairs if the driver caused the car accident, such as by texting and driving or driving distracted. The fault insurance system requires you or your lawyer to prove fault to recover through the other driver’s insurance provider.
Because Colorado follows a fault-based model, the person responsible for the crash is also financially responsible for your losses. That means proving who caused the crash is step one in any insurance claim.
Colorado also follows a rule called comparative negligence, which is explained under C.R.S. § 13-21-111. This means that if you are found partially at fault for the crash, your compensation may be reduced by your percentage of fault. For example, if you were 20 % at fault, your total recovery would be reduced by 20 %.
If you are found to be 50 % or more at fault, you cannot recover any damages. To file a claim, the at-fault driver must have carried the minimum liability coverage required under Colorado law. These minimums include:
Because Colorado does not require personal injury protection (PIP), injured drivers cannot rely on their own policy for medical coverage unless they have purchased special add-ons. That is why proving fault and holding the correct party accountable matters so much.
If you get into a car accident and believe the other driver is at fault for texting and driving, take immediate steps to protect your rights:
A Lakewood texting and driving accident attorney can return to the scene of your accident, interview eyewitnesses, review official photographs and police reports, and hire car accident reconstruction experts. An attorney can also preserve key evidence, such as the other driver’s cell phone records. Your lawyer can help you gather evidence to prove the other driver caused the crash by texting and driving.
When a distracted driving crash happens, the first thought is usually the person holding the phone. That makes sense, but depending on the situation, they might not be the only ones responsible. Sometimes there are others involved behind the scenes who played a role in how the crash unfolded. Let’s look at who might share responsibility in a distracted driving case:
If you were hit by someone who was texting behind the wheel, you are probably dealing with more than just a sore neck or a banged-up car. Here are some of the damages we often look at in texting and driving accident cases:
If you or a loved one has been injured in a car accident involving a distracted driver who was texting and driving, contact attorneys at Flesch Law today. We care about car accident victims in Lakewood, Colorado and are dedicated to representing injured individuals and their families. We will go the extra mile to ensure you have everything you need to recover. Call (303) 980-5511 today to request your free consultation.