Colorado Laws Against Distracted Driving

Every year, distracted driving claims thousands of lives in the United States. In fact, in Colorado alone, there are more than 40 accidents every day that is related to distracted driving. If you have been injured by a distracted driver in Colorado, you may be entitled to compensation.

What is Distracted Driving?

Distracted driving is a broad term that includes many different activities. Examples include:

Texting while driving
Eating and drinking
Talking to passengers
Changing radio stations
Any other similar activities that take a driver’s attention away from the road

There are three primary types of distractions that are dangerous for drivers.

Visual distractions are those that take the driver’s eyes off of the road. Looking at the scenery or trying to find a street sign are common examples.

Manual distractions are those that require a driver to take his or her hands off of the wheel. Unwrapping a cheeseburger or trying to locate a toy a child has dropped are examples of dangerous manual distractions.

Cognitive distractions interfere with the driver’s ability to focus on driving. Thinking about a work or school assignment instead of paying attention to traffic signals is a common cognitive distraction.

Texting while driving is an especially dangerous activity because it involves all three types of distractions: the driver must look at the cell phone, must use his or her hands to send a message, and must think about composing or reading a message.

Colorado Laws on Distracted Driving

Colorado has laws that govern the use of cell phones while driving. For example, drivers may use their cell phones to make calls, but they are not allowed to text or browse the internet.

However, drivers under 18 years of age are prohibited from using a cell phone at all.

In certain emergency situations, exceptions to these rules may be allowed.

Other types of distracted driving may not be expressly prohibited by Colorado law, but this does not mean that accident victims are without recourse.

Any time a driver is negligent and causes an accident, an accident victim may be able to file a claim to recover damages. All drivers have a duty to act reasonably under the circumstances, and this includes following traffic laws and paying attention to the road.

Breaches of the duty to act reasonably under the circumstances include engaging in behaviors that involve distracted driving.

If an accident victim can show that a driver’s distracted driving was the direct cause of the damages he or she is seeking, it may be possible to file a personal injury claim.

If the accident victim prevails in the personal injury claim, several types of damages may be available, including:

Medical expenses, including the cost of future medical care
Pain and suffering
Emotional distress
Lost wages
Property damage
Rental car expenses
Loss of affection or companionship

Other types of damages may also be available. Your Denver personal injury attorney will pursue all routes of recovery on your behalf to ensure you receive adequate compensation for your losses.

How Long Do I Have to File a Claim?

If you are pursuing a personal injury claim against a distracted driver, you have a limited amount of time to do so. All legal claims have a deadline called the statute of limitations. If a claim is filed after the statute of limitations expires, the claimant likely will not be entitled to any damages.

In an accident claim, this means that the victim is responsible for the damages he or she has suffered–even if the victim was not at fault for the accident. Depending on the nature of the accident, the victim could face hundreds of thousands of dollars in expenses due to the crash.

In Colorado, the statute of limitations for motor vehicle accident claims is three years. Generally, this statute of limitations begins on the date of the accident.

Attorney Jennifer Donaldson Holds Distracted Drivers Accountable

Denver car accident attorney Jennifer Donaldson has three decades of experience in motor vehicle accident claims, including those that involve the negligence of distracted drivers. To schedule a time to speak with Donaldson Law, LLC about your claim, contact us at 303-458-5000.

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CLIENT REVIEWS

My husband was rear-ended and his head broke through the back window of the truck. We decided to give things time to see if he improved. The other insurance company dragged things on forever. That’s when we decided we needed an attorney. We did not fully understand the statute of limitations and called a few attorneys thinking we had enough time. We quickly found out that in the land of the law, we were cutting it very close. The other attorneys we called passed saying that they just didn’t have the time to handle our case; we didn’t even get a chance to speak with anyone but the receptionist. Then I called Jennifer Donaldson and spoke to Melanie who is part of Jennifer’s incredible team. – Jackie G.

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Jennifer and her team were fantastic. They guided me through the whole process after getting into a car accident. She fought for me, and gave me and my family the best support. I don’t think I could have made it through the whole process without Jennifer and her team. Their knowledge of the insurance industry was very helpful and was a key factor in the outcome of my case.– Tony D.

My wife was involved in a serious auto accident where she sustained serious injuries, including a traumatic brain injury. Ms. Donaldson was professional, compassionate and very thorough from beginning to end. Her focus was to make sure that we were made whole. Her thorough work resulted in a settlement that provides for our needs for the rest of our lives. Ms. Donaldson is a great attorney.– Tony D.

I was hit by a car while riding my bicycle, causing me serious and permanent injuries. Ms. Donaldson handled my case in a very professional manner with outstanding results. She worked hard to make sure we got a settlement without the need for litigation while still getting the maximum recovery available. She and her staff were very thorough and stayed in constant communication. Overall, Ms. Donaldson was outstanding during the entire case. I highly recommend her to anyone in need of representation for their personal injury claim.– Leigh C.