Colorado cell phone driving laws allow adult drivers to make regular voice calls and wear a headset in one ear to facilitate such calls. Adults are banned from texting or using the Internet, and minors cannot use cell phones and other mobile devices in any way while behind the wheel.
Is Colorado a Hands-Free State?
A hand-free state is one where drivers can make phone calls but cannot hold the phone to do it. Currently, Colorado allows adults to make regular voice calls while using their hands, so it is not a hands-free state. However, state legislators recently proposed a law that would make it illegal to hold a cell phone at all, even just to make a call. If it passes, the bill will make Colorado a hands-free state.
Can I Use My Phone at a Red Light in Colorado?
No. According to the Colorado State Patrol, you’re still operating a motor vehicle even when stopped at a light. For that reason, the restrictions on cell phone use still apply. While you can use your hands to make or receive a telephone call, you cannot use them to text or engage in other “manual data entry and transmission.” Even taking out your phone to check a text message at a stop light could theoretically land you in trouble in Colorado.
What is the Cell Phone Law for Minors While Driving?
Colorado cell phone driving laws are different for minors than for adults. It doesn’t matter whether a minor wears a headset or uses voice commands. Using a mobile device in virtually any capacity while driving is illegal for minors in Colorado. Texting, making phone calls, emailing, and manually entering data are prohibited.
Are There Exceptions to Colorado’s Cell Phone Laws?
Yes. There are certain situations in which a driver may use a cell phone, even if they have to use their hands. They include:
- When a driver fears for their safety or has reason to believe they or another person may be the victim of a criminal act
- When they need to make a call to report a fire, serious traffic collision, significant road hazard, medical emergency, or an emergency involving hazardous materials
- When a driver needs to make a call to report an unsafe motorist
Never use a phone while driving unless you truly have to. For example, when reporting an emergency, try to pull over or find a place to park first.
What Are the Penalties for Using My Cell Phone While Driving?
Penalties for using a cell phone while driving in Colorado vary depending on factors such as age and a previous history of infractions.
Using a cell phone in any capacity while driving as a minor in Colorado is a Class A traffic infraction. The penalty for a first violation is a fine of $50 and one point on a driver’s license. The fine is $100 for a subsequent violation. Additional offenses will also result in another point on a minor’s license.
Someone who uses a phone’s text function when driving commits a Class 2 misdemeanor traffic offense. The penalty is four points on their license and a $300 fine. The violation becomes a Class 1 misdemeanor traffic offense when a driver’s actions result in bodily injury or death. In these circumstances, a driver may face a penalty of up to a year in prison, a $1,000 fine, or both.
In addition to these penalties, someone who violates Colorado’s cell phone laws while driving will also be assessed a surcharge. This surcharge may be credited to the Victims and Witnesses Assistance and Law Enforcement Fund and the Crime Victim Compensation Fund.
It’s also worth noting that using a cell phone while driving can result in a crash for which the distracted driver could be held liable. If you suffered injuries in an auto accident caused by a texting driver, you could demand they compensate you for the following:
- Medical expenses – Costs for past and future medical treatment resulting from the accident, including hospital stays, surgeries, medications, physical therapy, and any ongoing medical care
- Lost wages – Compensation for lost income due to time off work for recovery, which also covers loss of earning capacity if you cannot return to your previous job or work at the same capacity
- Property damage – Reimbursement for the repair or replacement of your vehicle and any personal property damaged in the accident
- Pain and suffering – Money for physical pain, discomfort, and suffering you endured due to the crash
- Disfigurement and disability – Compensation for permanent physical damage, scarring, or disability resulting from the accident
Contact a Colorado Car Accident Lawyer
Obeying Colorado cell phone driving laws doesn’t just help you avoid fines — it could also help you stay safe on the road. However, you can’t control the decisions of other drivers. Perhaps you’ve been hurt in a wreck because someone else was careless.
If so, you deserve compensation for what you suffered. An experienced Colorado car accident lawyer with The Wilhite Law Firm can help you pursue compensation for your losses, focusing on your case while you concentrate on recovering from your injuries. Call or contact us today for a free consultation with a member of our experienced legal team.
