Texting While Driving Car Accidents in Denver

The aftermath for victims of texting while driving car accidents in Denver can be profound and life-changing. The injuries may require extensive medical treatment and result in ongoing psychological distress, significant financial hardship, and fundamental changes to a victim’s life and relationships.

If you were recently injured in an auto collision caused by a driver who was texting behind the wheel, you may have grounds to pursue legal action for compensation from the at-fault driver. The experienced car accident attorneys at Wilhite Law Firm can provide invaluable legal assistance, work tirelessly to prove negligence, and negotiate with insurance companies to ensure you receive the support you need to rebuild your life.

How Texting Drivers Cause Crashes and Why They Are So Dangerous

Texting requires a driver to look at their phone instead of the road ahead. A texting driver may fail to notice when the car ahead stops or slows down; miss crucial road signs, traffic signals, or changes in traffic patterns; or not see pedestrians in their path. To text, a driver must take at least one hand off the steering wheel to hold and operate their phone. This reduces their ability to steer correctly and react quickly to a sudden obstacle or emergency situation.

Even if a driver is using a hands-free device or constantly looking up from their screen, their brain is diverting critical cognitive attention away from the complex task of driving to process the text message content. Texting while driving can lead to serious auto collisions in Denver that leave victims dealing with life-altering injuries, such as:

• Broken bones
• Internal injuries
• Organ damage
• Severe burns
• Traumatic brain injuries
• Spinal cord trauma
• Paralysis
• Loss of limb
• Wrongful death

These severe injuries highlight just how dangerous distracted driving is and why victims of texting-related crashes often need strong legal support to recover.

Proving Liability for a Texting While Driving Auto Accident

Proving liability after a texting while driving car crash in Denver primarily involves establishing the legal elements of negligence:

Duty of Care

The other driver had a legal duty to exercise reasonable care while driving (which includes obeying traffic laws and not driving while distracted).

Breach of Duty

The driver breached that duty by texting while driving. In Colorado, texting while driving is illegal, and violating this statute can be used to establish “negligence per se” (meaning the breach is presumed).

Causation

The driver’s actions (texting) were the direct cause of the accident and your resulting injuries.

Damages

You suffered actual losses, such as medical bills, lost wages, and property damage, as a result of the accident.

Your lawyer will use various methods to gather evidence that the other driver was texting at the time of the collision, including cell phone records, police reports, witness testimony, and video footage. Proving liability can be complex in these collisions, as at-fault drivers and their insurance companies often deny the allegations. A proactive attorney can preserve crucial evidence before it disappears, hire experts for accident reconstruction or medical testimony, and file a lawsuit if the insurance company refuses to offer a fair settlement.

What Compensation Is Available for Injuries Caused by Texting Drivers?

Victims of injuries caused by texting drivers in Denver car wrecks are typically eligible to seek compensation for a wide range of damages, including:

Medical Expenses

Coverage for all reasonable and necessary past and future medical treatments, including hospital stays, surgeries, doctor visits, prescription medications, physical therapy, rehabilitation, and long-term care.

Lost Wages

Reimbursement for income lost due to time off work for recovery.

Loss of Earning Capacity

Compensation paid if your injuries permanently affect your ability to work or earn at the same level as before the accident.

Property Damage

Costs for repairing or replacing your vehicle and any other damaged personal property.

Out-of-Pocket Expenses

Costs such as rental car fees, travel to medical appointments, and help with household chores or childcare.

Pain and Suffering

Compensation for the physical pain and emotional distress caused by the injuries and recovery process.

Emotional Distress/Mental Anguish

Damages for conditions like anxiety, depression, PTSD, or fear of driving resulting from the accident.

Loss of Consortium

Compensation for the negative impact the injuries have had on your relationship with your spouse or family members.

Loss of Enjoyment of Life

Damages for the inability to participate in hobbies, recreational activities, or daily activities that you enjoyed before the accident.

Disfigurement or Impairment

Compensation for permanent scarring, physical deformities, or the long-term loss of physical function or body part.

Because texting while driving is a clear violation of the law and a reckless act that demonstrates a conscious disregard for the safety of others, punitive damages may be available under Colorado law if you can prove the driver acted with malice, insult, or reckless disregard.

If the victim of a texting while driving accident dies as a result of their injuries, their surviving family members may be able to file a wrongful death claim to recover compensation for funeral and burial expenses, loss of the deceased’s future financial contributions and earning capacity, and loss of companionship.

Reach Out to Our Denver Texting While Driving Car Accident Attorneys

An attorney from our firm can help navigate the legal system and deal with insurance companies on your behalf. Insurance companies are not likely to provide the necessary information voluntarily or offer fair compensation upfront.

Our legal team has extensive experience handling texting while driving car accidents in Denver and will seek maximum financial compensation for your losses. Give us a call today and request your free, one-on-one case consultation.