Denver Distracted Driving Accident Lawyer
The moment a person gets behind the wheel of a motor vehicle, they accept a considerable burden of responsibility. Operating an automobile requires alertness and attention. Any activity that distracts a motorist from their driving duties can lead to severe and life-threatening collisions. Victims of these crashes have a right to file a claim against the at-fault driver to demand compensation for medical expenses, lost income from missed time at work, and other accident-related losses.
If you have suffered injuries in a distracted driving crash, a personal injury attorney can help you maximize your compensation. The experienced legal team at The Wilhite Law Firm has fought to protect injured Colorado residents since 1977. Our track record demonstrates our commitment to securing favorable results, and we want to help you, too. Contact us today for a free consultation with a Denver distracted driving accident attorney.
What Are Common Examples of Distracted Driving?
Distractions while driving take three primary forms: manual, visual, and cognitive.
Manual Distractions
Anything that takes a driver’s hands away from operating their vehicle is a manual distraction. Driving often requires swift maneuvers to react to sudden hazards or changes in road conditions. A driver whose hands are more occupied with texting, using a GPS device, or eating might not have enough time to avoid a collision.
Visual Distractions
One of the first lessons people learn when taking driving lessons is the importance of keeping their eyes on the road. Drivers who are distracted by screens, reading billboards, or rubbernecking may cause crashes.
Cognitive Distractions
Even if a motorist’s hands are on the wheel and their eyes are on the road, they may still cause accidents if their mind is not fully engaged in driving. Talking on a cell phone, arguing with a passenger, or driving while upset can put other road users’ lives in danger.
What Are Some Common Distractions for Denver Drivers?
Some of the most common distractions for Denver drivers include:
- Texting or talking on a cell phone
- Eating or drinking while driving
- Adjusting the radio, GPS, or other dashboard controls
- Applying makeup
- Dealing with rowdy passengers, especially children
- Rubbernecking accident scenes or other sights
- Daydreaming or being lost in thought
What Types of Accidents Can Happen as a Result of Distracted Driving?
There are several common types of collisions that can occur due to distracted driving:
- Rear-end collisions – Drivers may rear-end the vehicle in front of them if they are not entirely focused on the road.
- Head-on collisions – Distracted drivers can drift out of their lane into oncoming traffic, resulting in devastating head-on crashes.
- Rollover crashes – SUVs and other vehicles have a higher risk of rolling over if the driver loses control due to distractions.
- Sideswipe collisions – Failing to maintain proper lane position can lead to sideswipe crashes with adjacent or oncoming vehicles.
- Single-vehicle accidents – Distracted driving often causes drivers to crash into a tree, pole, or other roadside object.
- Pedestrian accidents – Walkers and bicyclists are especially vulnerable to getting hit by distracted motorists.
What Are Denver’s Distracted Driving Laws?
Colorado distracted driving laws prohibit drivers under 18 from using cell phones in any way. Adults are legally allowed to talk on a cell phone and may use headphones in one ear for this purpose. However, they cannot text, use the internet, or manually use their phone while driving.
A minor violating this law faces a $50 fine for a first offense and $100 for each subsequent offense. Anyone else found texting behind the wheel risks a $300 fine and four points on their driving record. Those who cause injury or death in violation of this law may face up to one year in jail and a $1,000 fine, in addition to civil liability through personal injury claims.
What Should I Do If I Have Been in an Accident Caused by a Distracted Driver?
After suffering injuries in a distracted driving accident, taking the following steps can help protect you and your claim:
- Collect the contact information of any witnesses who can confirm that the driver was distracted at the time of the accident.
- Keep all medical records and documentation of missed time at work as evidence of your injuries and the value of your losses.
- Avoid making statements to the at-fault driver’s insurance company, as they can use your words against you.
- Contact an experienced Denver distracted driving accident lawyer.
How Do I Prove the Distracted Driver Was At Fault for the Accident?
To prove the other driver was distracted, you can use evidence such as:
- Eyewitness statements
- Cell phone records
- Dash camera or surveillance footage
- Admission of fault
- Expert accident reconstruction
An experienced attorney can gather this evidence to build a compelling case that the other motorist’s distraction caused the collision.
Can the Distracted Driver Be Liable for My Damages?
Through a distracted driving claim, you may be able to pursue compensation for losses such as:
- Medical expenses
- Lost income due to missed time at work
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
Speak to a knowledgeable Denver car accident attorney to learn more about how much compensation you might be able to recover in your case.
Is There a Statute of Limitations for Filing a Car Accident Lawsuit in Colorado?
Colorado law stipulates that individuals wishing to file a personal injury lawsuit following a car accident must do so within three years of the collision date. If you miss this deadline, you may be barred from recovering the compensation you deserve. Consult with a skilled Colorado personal injury attorney to ensure you file promptly.
Contact a Denver Distracted Driving Accident Lawyer
Suffering injuries in a distracted driving car accident can turn your life upside down. The compassionate attorneys at The Wilhite Law Firm understand how overwhelming it can feel to begin filing a personal injury claim. When you work with us, we will handle every aspect of your case so that you can avoid potential pitfalls and focus on your healing process. Contact us today for a free case review to learn more about how we can help you.
