Mintz Law Firm
A single glance at a phone, a moment of adjusting the radio, or a brief distraction from the road can alter lives in an instant. When a distracted driver causes a crash, victims are often left facing serious injuries, mounting medical bills, and the overwhelming uncertainty of what comes next.

If you or someone you love has been hurt by a distracted driver, you need skilled legal representation to help you fight for the compensation you deserve. As a Lakewood car accident attorney, Mintz Law Firm has spent over 30 years standing up for injured Coloradans and has recovered $20M+ annually for clients since 2016. With 12 attorneys averaging 20 years of experience each, we have the knowledge, resources, and dedication to pursue maximum compensation on your behalf.
What Counts as Distracted Driving?
Distracted driving is broader than most people realize, and understanding it is the first step in building a strong case after an accident. While texting behind the wheel is perhaps the most recognized form of distracted driving, it is far from the only one that leads to collisions. Anything that pulls a driver's attention, hands, or eyes away from the task of operating a vehicle safely can constitute distracted driving under Colorado law.
Common forms of distraction that our distracted driver accident lawyers frequently encounter in cases include the following:
- Texting or calling: Using a handheld phone is one of the most dangerous and common distractions, taking a driver's eyes off the road for several critical seconds at a time.
- Eating or drinking: Consuming food or beverages diverts attention and occupies one or both hands that should be on the wheel.
- Navigation systems: Programming a GPS or scrolling through maps redirects a driver's focus from the road to the screen.
- Adjusting in-vehicle controls: Changing music, adjusting the climate, or interacting with infotainment systems are routine but dangerous behaviors.
- Conversations with passengers: Turning to talk with someone in the vehicle takes a driver's eyes and attention away from the road ahead.
Identifying the specific type of distraction that caused your accident is a critical part of establishing negligence, and our attorneys work diligently to investigate every detail of your case.
Proving Liability in a Lakewood Distracted Driving Case
Holding a distracted driver accountable requires building a compelling case supported by evidence, which is not always straightforward. Unlike a DUI case, where a breathalyzer result provides clear proof, distracted driving is often more difficult to document, particularly when the at-fault driver denies being distracted at the time of the crash.
Gathering the Evidence That Matters
Our attorneys know what to look for and how to obtain it. We work quickly to preserve critical evidence before it disappears, which can include requesting phone records to confirm the driver was texting, identifying nearby surveillance or traffic camera footage, obtaining the official police report and any witness statements, and consulting accident reconstruction experts when necessary. Distracted driving crashes often produce recognizable patterns, such as a rear-end collision in Lakewood caused by a driver who failed to brake because they were not watching the road. We use these details to build the strongest possible case for you.
Colorado's Modified Comparative Negligence Law
Colorado follows a modified comparative negligence rule, meaning that if you are found partially at fault for an accident, your compensation may be reduced by your percentage of fault. If you are found to be 50% or more at fault, you may be barred from recovery entirely. This is why having experienced legal counsel is so important. We work to establish the other driver's full liability and protect your right to fair compensation.
Damages You Can Recover After a Distracted Driving Accident
Being injured by a distracted driver can upend every aspect of your life, and the compensation you pursue should reflect the full extent of that impact. Our attorneys work to recover both economic and non-economic damages on your behalf, accounting for both the tangible and intangible losses you have suffered.
Economic damages typically include past and future medical expenses, rehabilitation and physical therapy costs, lost wages during your recovery, and diminished earning capacity if your injuries affect your ability to work long-term. Non-economic damages address the pain and suffering, emotional distress, and loss of enjoyment of life that often accompany serious injuries, including traumatic brain injuries and spinal damage that can result from high-impact collisions. In cases involving particularly reckless behavior, such as a driver texting while driving, Colorado law may also allow punitive damages to punish the at-fault party and deter similar conduct in the future.
Mintz Law Firm: Your Lakewood Distracted Driving Lawyers
When you are deciding which legal team to trust with your distracted driving case, the difference between firms can be enormous, and so can the difference in outcomes. At Mintz Law Firm, we view our clients as people, not case numbers, and we take that commitment seriously at every stage of your case. Our founder, David J. Mintz, has represented injured Coloradans for more than 35 years, and managing attorney Eric C. Staton has over 15 years of experience securing life-changing results for injury victims across the state. Our attorneys are personally engaged in your case, remaining in regular contact and keeping you fully informed throughout the entire process.
We operate on a contingency fee basis, meaning you pay no legal fees unless we win compensation for you. This allows you to pursue justice without financial risk, regardless of your current circumstances. From the moment you come to us, we take on the burden of investigating your claim, negotiating with insurance companies, and, when necessary, taking your case to trial to fight for every dollar you deserve. If you were injured in a distracted driving accident in Lakewood, contact Mintz Law Firm today to schedule your free, zero-obligation consultation and learn how we can help you move forward.
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