Colorado Distracted Driving Accident Attorney

In Colorado, victims of distracted driving accidents may be entitled to compensation for medical expenses, lost wages, and pain and suffering. An attorney can help you navigate the legal process and negotiate with insurance companies to secure a fair settlement.

Key evidence in a texting while driving case includes phone records, eyewitness testimony, and accident reconstruction reports. This evidence can demonstrate that the driver was distracted and thus liable for the accident.

After a collision, safely document the scene by taking photos of vehicle positions, damage, and any visible distractions like phone debris. Obtain contact information from witnesses who may have seen the other driver texting or acting distracted. Request a copy of the police report, which may include observations of distractions or phone use. Preserving your own phone records can help show you were not distracted, strengthening your claim. Consulting an attorney promptly ensures all evidence is properly preserved and presented. Your lawyer can send subpoenas or follow up with the phone carrier to obtain cell-phone records as needed.

Yes, under Colorado law, accident victims may pursue compensation for emotional distress, anxiety, fear, or trauma resulting from a texting-related crash. Emotional distress is a recognized non-economic damage and is often awarded alongside medical bills or lost wages. You must provide evidence, such as therapy records or doctors’ notes, to substantiate your emotional suffering. Expert testimony from mental health professionals can strengthen your claim. Your attorney can help quantify and present these intangible losses effectively. Courts and insurers are more receptive to these claims when backed by credible documentation and legal representation.

Colorado law prohibits using a mobile device to write, send, or read texts while driving, regardless of whether the device is handheld or hands-free. Even when using voice-to-text or apps, if the driver’s attention is diverted, they can still be held liable if an accident occurs. Hands-free operation may reduce some risk, but it does not absolve drivers from negligence if they fail to maintain proper control of the vehicle. Therefore, if a hands-free system leads to distraction and injury, it may still support liability in a civil claim. Courts focus on whether the driver’s attention was meaningfully diverted, not just how the device was held. It's essential to consult a lawyer to assess how non-handheld usage factors into building your case.

Consulting with a lawyer ensures you understand your rights and the legal processes involved. An attorney can help gather evidence, handle negotiations, and represent your interests to maximize your compensation. To explore your case, reach out to Littleton Lawyers.