Texting While Driving Car Accidents in Aurora

A driver who glances at a message can drift out of a lane or miss stopped traffic before reacting. This distraction can lead to a serious collision, leaving you facing emergency care and missed work while an insurer pushes for a quick statement before the full impact of your injuries is clear.

You should not have to face this situation alone. An experienced car accident attorney from The Wilhite Law Firm can preserve phone-use evidence and demand compensation from every responsible party. Our team acts quickly because digital records and witness memories can disappear fast after texting while driving car accidents in Aurora. We bring decades of personal injury experience and deep local roots, along with the resources to challenge powerful insurance companies.

How Does Texting Establish Driver Negligence?

State law generally prohibits a driver from using a handheld mobile electronic device while operating a vehicle, including reading or sending text messages, subject to limited exceptions under Colorado Title 42. Vehicle and Traffic Colo. Rev. Stat. § 42-4-239. A citation for texting while driving can support your Aurora case, but proving fault requires connecting the phone use to the car wreck and your injuries.

We can build a documented record with evidence such as:

• Phone records and data logs
• Dashcam or traffic camera footage
• Vehicle event data
• Witness statements and police reports

We will send preservation notices and work with qualified experts if the collision mechanics require additional analysis. The Aurora Police Department handles crash response and distracted-driving enforcement, so prompt access to local reports is especially important.

Evidence in a Distracted Driving Crash

Proving that a driver was actually texting at the time of the Aurora vehicle collision usually requires more than the crash report. We can seek cell phone billing and usage records showing when messages or data activity occurred, and we can subpoena the wireless carrier for the account records for that number and time period. Carrier records rarely reveal the content of a message, but they can establish timing and usage patterns.

App data and information on the handset can add detail about what the driver was doing, and vehicle event data may connect that activity to the moments before impact. Because digital records do not remain available indefinitely, we send preservation notices early and pursue discovery promptly. State law generally allows three years for motor-vehicle injury actions under Colo. Rev. Stat. § 13-80-101(1)(n), but electronic evidence can become unavailable long before that deadline.

Exemplary Damages in an Accident Claim

State law allows exemplary damages if the evidence supports willful and wanton conduct under Colo. Rev. Stat. § 13-21-102. If your car crash in Aurora involved texting, the at-fault party’s decision to read or send messages while driving can support your request for exemplary damages if the facts show a conscious disregard for the safety of others. Whether the evidence meets the standard depends on the facts that emerge as the case proceeds.

State procedure bars a request for exemplary damages in the initial complaint. After the case begins, an amendment can add the request once discovery produces prima facie proof of a triable issue, so phone evidence can determine whether the claim is available. The law generally limits an exemplary award to the amount of actual damages, though a court may increase it in limited circumstances.

Call Our Team Now if Your Aurora Car Wreck Involved a Texting Driver

Texting while driving car accidents in Aurora demand immediate investigation and determined advocacy. We will listen to your story, protect available evidence, and pursue the financial recovery you need to rebuild. Call The Wilhite Law Firm now or chat with our team online today so we can begin protecting your claim.