Texting and Driving Accident Attorney in Denver, Colorado

At Mintz Law Firm, our Denver distracted driving accident attorneys are committed to holding distracted drivers accountable for the harm they cause. We understand the frustration and helplessness you may feel after being injured by someone who chose to text behind the wheel. Our experienced legal team has the knowledge and resources to investigate your case thoroughly, build a compelling claim, and fight for the compensation you deserve while you focus on recovery.

Understanding Texting and Driving Laws in Colorado

Colorado has enacted specific laws to combat the dangerous practice of texting while driving. Understanding these regulations is essential if you've been involved in an accident with a distracted driver, as these laws may significantly impact your personal injury claim.

Under Colorado law, texting while driving is illegal for all drivers regardless of age. This prohibition encompasses sending, reading, or writing text messages, emails, or engaging with social media while operating a vehicle. The law recognizes that these activities significantly impair a driver's ability to operate a vehicle safely by diverting visual, manual, and cognitive attention away from the road.

For adult drivers, the law specifically prohibits texting while driving in a "careless or imprudent manner." This means even briefly checking a text message could result in a violation if it leads to dangerous driving behavior. For drivers under 18, the restrictions are even more stringent, with a complete ban on using any electronic device while driving, except in emergency situations.

Penalties for Texting While Driving

Violators of Colorado's texting and driving laws face various penalties that escalate with repeated offenses. First-time offenders may receive a $300 fine and four points against their driver's license. These consequences become more severe with subsequent violations, potentially leading to license suspension if enough points accumulate.

However, the legal penalties pale in comparison to the devastating consequences that can result from a texting-related accident. When distracted driving causes a crash resulting in injuries or fatalities, the responsible driver may face not only civil liability but also serious criminal charges such as vehicular assault or homicide.

How Texting Affects Driving Performance

The science behind distracted driving explains why texting behind the wheel is particularly dangerous. When a driver engages with a mobile device, three critical types of attention are simultaneously compromised, creating a perfect storm for accidents to occur.

The Three Types of Distraction

Texting while driving creates a uniquely dangerous situation because it combines all three types of distraction:

• Visual distraction: Taking your eyes off the road to look at your phone screen
• Manual distraction: Removing your hands from the steering wheel to type or hold the device
• Cognitive distraction: Shifting mental focus away from driving to compose or read messages

Research demonstrates that reading or sending a text message takes a driver's eyes off the road for an average of 4.6 seconds. At 55 miles per hour, this means traveling the length of a football field essentially blindfolded. The National Highway Traffic Safety Administration reports that this behavior increases the risk of a crash by 23 times compared to undistracted driving.

Proving Liability in a Texting and Driving Accident

Establishing that the other driver was texting at the time of the accident is crucial for your personal injury claim. Our experienced attorneys know how to investigate and gather the evidence needed to build a strong case on your behalf.

Evidence Collection

Collecting compelling evidence is essential for proving that texting caused or contributed to your accident. Our legal team may utilize various investigative methods, including:

Obtaining cell phone records showing text or data activity at the time of the crash Reviewing police reports that may note observations about phone use Interviewing eyewitnesses who saw the driver using their phone Analyzing surveillance or traffic camera footage that captured the accident Examining the at-fault driver's social media posts around the time of the incident

Expert witnesses such as accident reconstructionists may also play a vital role in demonstrating how the driver's distraction directly contributed to the collision. By establishing this crucial link between texting and the accident, we strengthen your claim for compensation.

Compensation for Texting and Driving Accident Victims

If you've been injured by a texting driver, you may be entitled to significant compensation for both economic and non-economic damages. These damages aim to make you whole again financially and acknowledge the physical and emotional suffering you've endured.

The types of compensation available typically include:

Medical expenses, including emergency treatment, hospitalization, surgeries, medication, rehabilitation, and ongoing care Lost wages from missed work during recovery and potential future earnings if your earning capacity is diminished Property damage to your vehicle and personal belongings Pain and suffering for physical discomfort and emotional distress Loss of enjoyment of life if your injuries prevent participation in activities you previously enjoyed

In cases involving particularly reckless behavior, such as a driver with a history of texting violations, punitive damages may also be available. These damages serve to punish egregious conduct and deter similar behavior in the future.

Contact a Denver Distracted Driving Accident Attorney

The aftermath of a texting and driving accident can be overwhelming, but you don't have to face it alone. At Mintz Law Firm, we provide compassionate legal representation while aggressively pursuing the compensation you need to rebuild your life. Our attorneys have extensive experience handling distracted driving cases throughout Colorado and understand the complexities involved in these claims.

With decades of combined experience and a track record of success in personal injury litigation, the Mintz Law Firm team knows how to navigate the challenges of texting and driving accident cases. We work on a contingency fee basis, meaning you pay nothing unless we secure compensation for you. If you or someone you care about has been injured by a texting driver, contact us today at (303) 462-2999 or through our contact form to schedule a free consultation and learn how we can help protect your rights.