Distracted driving kills and injures thousands of people every year across the US, and Colorado is no exception. Distracted driving injury victims may be facing sudden medical expenses, diagnostic and rehabilitative costs, time off work, pain management issues, and more – all because another driver’s phone call, conversation, makeup or even something as simple as unwrapping a sandwich couldn’t wait. Frank Azar Car & Truck Accident Lawyers may be able to help. Our Colorado distracted driving accident lawyers help those who have been injured recover the appropriate compensation. Our personal injury firm is built on experience, commitment, and satisfactory results for the Rocky Mountain region. Contact us today to see what we can do.
Colorado Distracted Driving Injury Guide
- How Can a Colorado Distracted Driving Lawyer Help Me After a Car Accident?
- What Does Distracted Driving Mean?
- What Are Colorado’s Distracted Driving Laws?
- How a Colorado Distracted Driving Attorney Proves Liability in a Crash
- Where and When Do Most Distracted Driving Crashes Occur?
- Distracted Drivers Can Cause Catastrophic Injuries
- How Much Is My Distracted Driving Accident Worth in Colorado?
- Do You Have a Distracted Driving Injury Lawyer Near Me?
How Can a Colorado Distracted Driving Lawyer Help Me After a Car Accident?
An injury lawsuit can help accident victims get back on their feet and rebuild after a devastating distracted driving accident. Civil injury law in Colorado under Chapter 6 for Damages allows accident victims to be awarded both economic and non-economic damages if the other driver is deemed liable for the harm done in a distracted driving crash.
Economic damages are quantifiable amounts, like payments for your medical bills, ambulance ride, car repairs, prescription costs, diagnostic imaging, rehabilitative care, time off work, and more. Non-economic damages are payments for additional losses you have suffered due to the crash. They might include money awarded to an accident victim by the court for loss of companionship or consortium if their spouse was killed in the distracted driving crash, payments for loss of enjoyment if they can no longer partake in favored hobbies or activities due to their injuries, or other awarded funds because of depression, anxiety, PTSD, pain, suffering, trauma, and more. Finally, Colorado also allows for punitive damages, which go the accident victim in an attempt to prevent similar behavior from happening in the future. Distracted driving cases involving particularly reckless actions, like texting, scrolling through social media, filming videos, or other activities may warrant punitive damages when they cause severe injury or even death to Coloradans.
A Colorado distracted driving lawyer can help ensure that none of the appropriate avenues towards recovery are closed to you when you file your claim. While filing pro se, or without an attorney, is possible, working with an experienced distracted driving lawyer in Colorado can help you build a stronger case every step of the way. Your legal representation is responsible for ensuring that your claim accounts not only for your immediate losses, but also future damages and financial concerns connected to the crash. Here at Frank Azar Car & Truck Accident Lawyers, we handle everything from start to finish, including:
- Gathering evidence
- Contacting witnesses
- Subpoenaing records
- Accounting for the full extent of your losses
- Illustrating the other driver’s liability
- Championing your interests
- Citing relevant case law for similar awards
- Researching aggravating conditions
- Negotiating with insurance attorneys without backing down on your claim
- Representing you in court, when necessary
- Filing on time and correctly
What Does Distracted Driving Mean?
Distracted driving includes not only texting while driving, but also activities like:
- Changing the radio station
- Setting up music, podcasts, or other entertainment
- Eating, drinking, or smoking
- Reading (including maps)
- Having conversations with passengers
- Applying makeup
- Talking on a cell phone
- Entering information into a navigation system
- Gaming
- Watching videos or using social media
According to NHTSA, taking your eyes off of the road for five seconds to send a text is the equivalent of driving the entire length of a football field with your eyes closed when traveling at 55 mph. Meanwhile, Colorado’s Shift Into Safe campaign points out that a driver who takes just 3 seconds to open a fast food sandwich on the road can miss up to 20 cyclists without realizing. Bicyclists, pedestrians, and motorcyclists are especially endangered by distracted driving, because they have less protection from a sideswipe, swerve, or turning accident. Driving without total focus on the road is just as dangerous as speeding, driving impaired, aggressive driving, and other well-known risk factors.
Distracted driving statistics in Colorado have been on the rise in recent years. In 2020, over 10,000 Colorado drivers were involved in car and track crashes involving distracted driving. This resulted in around 1,500 injuries and nearly a 74% increase in distracted driving fatalities from 2019. Meanwhile, Colorado State Troopers have cracked down on distracted driving enforcement. In 2023, over 15,553 distracted driving citations were issued throughout the state, a 4.5% increases from the previous year. The groups most likely to be caught driving distracted in Colorado are:
- 22-29 year old drivers (3,637 citations issued in 2023)
- 30-39 year old drivers (3,443 citations issued in 2023)
- 18-21 year old drivers (2,253 citations issued in 2023)
- 40-49 year old drivers (2,162 citations issued in 2023)
- 50-59 year old drivers (1495 citations issued in 2023)
What Are Colorado’s Distracted Driving Laws?
Colorado has established several cell phone restrictions while driving. Using a cell phone to send a text or input data manually is prohibited, although voice calls are permissible. The Colorado Hands Free Law went into effect as of January 1, 2025. Under this new law, holding or manually using a phone while driving can result in a $75 fine and two license suspension points for the first offense, with higher fines and points for repeat offenders.
Public safety campaigns urge Colorado drivers to wait until they reach their destination before checking their phones. Still, in March of 2024, more than 75% of Colorado drivers admit to using their phone while driving. This number has risen up from 67% in 2022. Additionally, 45% report to using a handheld phone while driving, including sending texts and selecting music or entertainment.
A texting accident is one of the most common causes of injury in Colorado, and is often accompanied by other dangerous behaviors. The same Colorado study found that drivers who engage in distracted behaviors like eating or using a cell phone are also more likely to speed and not wear a seat belt.
How a Colorado Distracted Driving Attorney Proves Liability in a Crash
In an injury lawsuit, proving liability is the basis for awarding damages. A Colorado distracted driving attorney must illustrate how the other driver was acting negligently and caused their client’s injuries. For this reason, distracted driving cases can also result in some of the highest fines and penalties. Distracted behaviors that result in taking one’s eyes off the road are a clear example of negligence behind the wheel. Examples of proof might include:
- Footage from traffic cameras
- Data from mobile devices
- Geolocation information or “check ins”
- Eyewitness accounts
- Police reports
- Testimony about actions like swerving, unusual speeds, or other erratic behaviors prior to the crash
A distracted driver may be able to be held liable for additional punitive damages if their conduct willfully and wantonly endangered the accident victim on the road. Therefore, a driver who can be proven to be driving distractedly may be ordered to pay a higher settlement when they are held accountable by an experienced attorney.
Proving a Truck Driver Was Distracted Behind the Wheel
Proving that you were hit by a distracted driver in Colorado can be especially important when the accident involves a truck or tractor. The weight limit for single axle vehicles on interstate roads is 20,000 pounds. This means that you may be facing devastating damage from a heavier weight vehicle being operated by a distracted driver. The Colorado State Patrol issues 822 citations to CMV drivers in 2023 for improper, reckless, or careless driving. This represents a 23% rise in distracted driving by truck and commercial drivers over the course of one year.
Proving distracted driving on a commercial driver’s license can involve subpoenaing employee records and company training protocols, examining driver logs and rest breaks, and building a claim against company policy as well as the individual if the driver was pressured to drive even while fatigued or distracted. A distracted truck driver does not utilize reasonable care while operating a dangerous vehicle, so your attorney may also incorporate proof like:
- Evidence of swerving, or drifting over divider lanes
- Overloaded vehicles and unsecured cargo
- Trucks that travel at inconsistent speeds
- Drivers who do not notice falling cargo or tilting loads
- Drivers who are preoccupied with food, drink, cigarettes, or other distractions
- Cell phone records
- Drivers who are distracted by unfamiliar settings
- Truck driver fatigue
Where and When Do Most Distracted Driving Crashes Occur?
Colorado State Patrol identifies the most common roads for distracted driving citations as I-25 and I-70. However, rural roads and neighborhood streets are some of the most common areas for distracted driving, beating out both national and state highways in Colorado. Rideshare crashes are also notorious in urban areas like Denver, Pueblo, Fort Collins, and Boulder.
According to Colorado State Patrol, winter is the most dangerous season for driving due to icy roads and slick surfaces. Additionally, December and January are the top months for distracted driving citations to be issued. This means that Colorado winter driving conditions are especially hazardous.
Over 50% of Colorado distracted driving accidents came from Denver, Jefferson, Arapahoe and Adams counties for a three year period. In Jefferson County at any moment, over 800,000 vehicles are estimated to be driven by someone who is also using a handheld cell phone. Drivers 21 to 30 are most likely to be involved in a distracted driving car crash in Colorado.
Close-up view of senior man hand on wheel of wheelchair
Distracted Drivers Can Cause Catastrophic Injuries
Additionally, as Colorado drivers tend towards operating heavier and larger vehicles on the roads, distracted drivers may cause more serious injuries. The state’s 12 most densely populated counties located along the Front Range, Denver, Fort Collins, Colorado Springs and Pueblo have seen a significant rise in pedestrian deaths over the last 10 years, according to the Colorado Department of Transportation. Pending legislation points the finger towards an increase in larger and heavier vehicles that can cause higher rates of catastrophic injuries, such as:
These catastrophic injuries may require significantly more compensation for victims, who are facing life-long changes to their jobs, homes, and activity levels. A catastrophic injury victim in Colorado may require compensation to support their:
- Emergency medical expenses, as well as continuing medical care
- At-home health aides or nurses
- Mental health therapy
- Job retraining
- Medical devices like wheelchairs, walkers, prosthetics
- Home retrofitting accommodation like beds or stairlifts
- Changes to vehicles and transportation
- Lost wages and lost potential future earnings
- Plastic surgery
- Permanent disability
A distracted driving attorney may also be able to win a catastrophic injury victim additional payments to compensate them for their pain, suffering, loss of enjoyment, and other harm done by the negligent actions of a distracted driver.
How Much Is My Distracted Driving Accident Worth in Colorado?
At Frank Azar Car & Truck Accident Lawyers, our Colorado distracted driving attorneys will help assess the extent of your claim including economic damages, non-economic damages, and any possible punitive damages for distracted driving. There is no standard settlement for a distracted driving claim, because injury lawsuits depend on variable factors like medical costs, the extent of a victim’s injuries, property damage, liability for third parties, the skill of your attorney, and more. However, it is generally advisable to read client testimonials for any law firm that you are considering working with to ensure that they have a history of past success in the field.
Do You Have a Distracted Driving Injury Lawyer Near Me?
Frank Azar Car & Truck Accident Lawyers has offices in Aurora, Colorado Springs, Denver, Fort Collins, Glenwood Springs, Greeley, Grand Junction, Lakewood, Littleton, Longmont, Pueblo, and Thornton. Our Colorado distracted driving lawyers are available for a consultation by phone 24/7, including weekends, to see how we can help you after a motor vehicle accident.
Injured by a Distracted Driver in Colorado? Our Lawyers Are Here to Help
At Frank Azar Car & Truck Accident Lawyers, we stand up for our clients and give them the strong arm advantage. You do not pay our attorneys a cent until we win you compensation. If you need an injury attorney after a crash caused by a distracted driver in Colorado, let us help. Call or contact us today to get started.
