Texting while driving car accidents in Boulder can leave you facing painful injuries and mounting medical bills while an insurance company tries to limit what it pays you. A driver who looks at a phone for only a moment can miss a red light or drift into another lane on busy roads.
A seasoned car accident lawyer can identify the evidence that proves distraction and calculate the full value of your losses. At The Wilhite Law Firm, we investigate the crash and build a claim to secure the compensation you need. We have represented injured people for decades and bring personal attention and the Wilhite Wins mindset to every case.
How Does State Law Address Texting and Driving?
State law prohibits drivers from holding or manually using a mobile electronic device while driving, except in limited circumstances, though hands-free use is generally acceptable. See Colorado Revised Statutes § 42-4-239 and the state’s Department of Transportation’s hands-free law for guidance.
A texting-related crash claim does not depend only on a police citation. In Boulder, your lawyer can use the statutory violation as evidence, but we still develop a complete negligence case in a texting-related driving collision. We also look at how the driver failed to keep a proper lookout or respond safely to road conditions.
The state also follows modified comparative negligence. Colo. Rev. Stat. § 13-21-111 can reduce your recovery by your percentage of fault, and you cannot recover if your fault equals or exceeds the combined fault of the defendants. Insurers often use this rule to shift blame, so we respond with evidence rather than assumptions.
What Evidence Can Prove the Driver Was Texting?
Strong evidence can connect phone use to the moments before impact. A texting and driving car accident attorney in Boulder may preserve and analyze several sources, including:
- Cellphone records and usage data
- Photos and vehicle camera footage
- Witness statements
- Police reports and citations
- Crash reconstruction findings
- Vehicle event data
We act quickly because people can delete or overwrite digital records, or they can become difficult to obtain later. When necessary, we send preservation notices and pursue records through formal legal procedures. We also compare the phone activity against the crash timeline and the physical evidence.
Local evidence may include records from the police department or other responding agencies. If a lawsuit becomes necessary, a civil claim connected to a crash may proceed through the state courts serving the county. We prepare every claim carefully so the insurance company understands that we are ready to litigate.
Compensation After a Texting-Related Crash
A texting while driving car crash claim in Boulder can include both financial and personal losses. Depending on the facts, compensation may cover:
- Medical care
- Lost income
- Pain and suffering
- Property damage
- Reduced earning capacity
We do not value your case based on medical bills alone. We consider future treatment and the ways the collision changed your daily life and your ability to work. Our team consults appropriate professionals when complex injuries or long-term losses require added support.
The state generally gives an injured person three years to bring an action arising from the use or operation of a motor vehicle. For more information, see Colo. Rev. Stat. § 13-80-101. Other deadlines can apply, so prompt legal review protects your options and gives us more time to secure evidence.
Contact a Lawyer in Boulder After an Accident With a Driver Who Was Texting
Texting while driving car accidents in Boulder demand a focused investigation and a firm that will oppose the insurance company. We will explain your rights and pursue accountability from the driver and any other responsible party.
At The Wilhite Law Firm, we have experience in Colorado and the resources to handle serious injury claims. Call now or chat with our team. You pay no attorney fee unless we win compensation for you. Wilhite Wins.
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