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Mansorian law group

Distracted Driving Accidents

Colorado Distracted Driving Accident Lawyer

A distracted driving accident is a car accident where the driver’s focus was not solely on the road.  What constitutes distracted driving could be many things, from using the phone to changing the music, air conditioning settings, or rolling down the windows.

Why Differentiate Between a Distracted Driving Accident and a Car Accident?

All distracted driving accidents are car accidents, but not all car accidents are distracted driving accidents.  In both a car accident with no distractions and a distracted driving accident, there is an expectation that a driver would exercise the proper care a reasonable driver should under the circumstances.  This is a given when operating a motor vehicle, but the driver being distracted adds another layer to this.  Generally speaking, proving fault would be more obvious if the driver was focused on something other than the road prior to the accident because it would be clear that they should have been focused on the road instead.

Common Distracted Driving Accident Causes in Colorado

On average, in Colorado, 42 accidents happen a day because of distracted driving.  Distracted driving is an umbrella term for several behaviors while driving, but regardless of what the specific distraction is, distracted driving is one of the most common reasons why accidents happen in and outside of Colorado.  According to the National Highway Traffic Safety Administration (NHTSA), in 2019, there were 3,142 deaths nationwide because of distracted driving.

The CDC defines the different types of distracted driving as being visual, physical, and cognitive.  A visual distraction would be something you turn your eyes toward—meanwhile not looking at the road, a physical distraction would be one that requires you taking your hands off the wheel, and a cognitive distraction would be your mind wandering to something else.  Common examples of distracted driving behaviors include:

  • Texting
  • Talking on the phone
  • Eating while driving
  • Talking with passengers
  • Changing the navigation settings
  • Putting on makeup
  • Tending to pets/children in the car
  • Looking at advertisements on the side of the road

Not fully focusing on the road could affect your driving in that your response time may be hampered by you doing something else, or you may be not looking at the road and drive recklessly.  These behaviors might affect your driving in one of the following ways:

  • Following too closely
  • Failure to give right of way
  • Improper passing
  • Running stop signs/lights
  • Driving on the wrong side of the road
  • Not being aware of other drivers
  • Hitting pedestrians

Colorado Law on Using a Phone While Driving

In Colorado, what you can do with a phone behind the wheel is divided based on age requirements.  Adults are allowed to take hands-free calls while driving a vehicle but are not allowed to do anything that would require them to type into their phone.  Drivers under eighteen, meanwhile, are not allowed to use a phone while driving under any circumstances, even if it is for hands-free calling.  There are exceptions to the phone use while driving laws when it comes to reporting.  If you are using a phone to report any of the following, you are allowed to use your phone while driving:

  • A crime
  • An emergency
  • A reckless driver

At best, a distracted driving infraction could result in a fine and traffic citation.  At worst, it could result in a reckless driving charge.

All Colorado drivers are required to have car insurance policies, but not everyone does. If you are ever in a car accident and the at-fault driver doesn’t have a car insurance policy that will help pay for damages, you might need a Colorado distracted driving accident lawyer on your side.

You’ll want to make sure that you will be able to receive fair compensation from the responsible party, in the event that you become hospitalized, are unable to work, lose a loved one, or experience pain and suffering as a direct result of the accident, the best car accident lawyer will be able to help get you recovered.

Click here to find out what to do if you are in a car accident with an uninsured driver.

Common Injuries as a Result of a Distracted Driving Accident in Colorado

Even minor car accidents can result in injuries. It’s important that you get the best Colorado distracted driving accident lawyer after a car accident so they can help you with the next steps and get you the compensation you deserve.

Common car accident injuries are:

  • Whiplash
  • Broken bones
  • Traumatic brain injury (TBI)
  • Soft tissue injuries
  • Chest injuries
  • Internal injuries
  • Sprains, strains, and muscle tears

Colorado Distracted Driving Accident Lawyer

If the above sounds like your situation, you may be questioning if you should hire a Colorado distracted driving accident lawyer, and if so, how to know which lawyer is right for you. In making your decision, consider your safety and peace of mind.  Ideally, a distracted driving accident lawyer would relieve your stress—not add to it.  When looking for a distracted driving accident lawyer, make sure to hire one who takes a personalized approach and considers the best option for your specific case.  Cases can last for months if not years, so make sure your distracted driving accident lawyer is reputable and committed.

When looking for a lawyer, ask yourself:

  • How long have the lawyer(s) been practicing attorneys?
  • Does the firm have experience with this type of case?
  • How often do they try versus settle cases?
  • What kind of results do they get for their clients?
  • What reputation do they have in the legal community?

Can I Handle My Case Without A Distracted Driving Lawyer?

Car accidents that result in injuries and fatalities are on the rise in Colorado, but in recent years, car accidents caused by distracted driving have declined.  If you or a loved one has been injured in a distracted driving accident, a distracted driving accident lawyer can help. Distracted driving accident injuries range in terms of severity, but they almost always cost money and peace of mind. A distracted driving accident lawyer in Colorado will be able to evaluate your case, make a claim against the responsible party, and get you on the path to recovery.

  • The law and insurance policies can be difficult enough to navigate without also dealing with personal injury or loss. Let a Colorado distracted driving accident lawyer handle everything from negotiating with insurance companies to presenting evidence in court, if your case comes to that.
  • Car accidents happen every day, but people are often not well prepared for the day they are injured in one.
  • Distracted driving accidents cost a lot of money. Between damages to your vehicle, damages to your property inside your vehicle, medical bills, and the time you missed at work, you could be looking at a devastating loss – a loss that you might not ever be able to recover from.  A Denver distracted driving accident lawyer can lower your initial costs in negotiations with insurance companies and help you avoid having to pay for damages and lost wages by ensuring that the responsible party and their insurance cover necessary costs.

Distracted driving accidents, and navigating the aftermath of them, are stressful enough.  Rather than having to worry about battling for getting money back, leave it to us so you can focus on recovery.

Car Accident Laws in Colorado

Car accident laws vary from state to state. The following laws are applicable in the state of Colorado:

  • The at-fault driver must pay for the provable damages that occurred as a result of the accident.
  • There is a 3-year (from the date of the incident) statute of limitations for a car accident-related injury or loss
  • There is a 2-year (from the date of death) statute of limitations for a wrongful death claim against the driver who was at fault
  • Any party is able to receive compensation from another party that has been determined to be more at-fault in an accident, even if they are both considered to be liable

There are three reasons you might not be eligible for receiving compensation after a car accident in Colorado:

  1. Your vehicle was damaged by another vehicle that you own
  2. You were driving for a ride share service (Uber, Lyft, etc.), or taxi company
  3. You are at fault for your own damages

Requirements for a Personal Injury Claim after a Distracted Driving Accident in Colorado

In order to file a personal injury claim in Colorado, your claim must meet the following requirements:

  1. There must be an identifiable at-fault driver
  2. You must have bodily injuries
  3. A medical professional must have your injuries documented
  4. You must be able to prove that your injuries are a result of the accident

Once you have all of the above information it’s time to call the best car accident lawyer Colorado, if you haven’t already. Never give a recorded statement, written statement, or sign any insurance papers without consulting a lawyer.

Damages That Can Be Recovered After a Distracted Driving Accident in Colorado

There are two types of damages that a distracted driving accident lawyer can recover for you after you’ve been in a crash:

  1. Economic damages – this refers to medical expenses, loss of wages, and any additional costs that are related to how your injuries alter your life.
  2. Non-economic damages – this generally refers to pain and suffering; damages that occur as a result of your (or a loved one’s) physical and non-physical injuries.

In order to have medical expenses paid, you will need to give your distracted driving accident lawyer a copy of your medical records, tests, prescriptions, etc.

To have your wages reimbursed, you will have to provide your distracted driving accident lawyer with a recent tax return or recent pay stubs so they can verify your income.

Hiring a Distracted Driving Accident Lawyer in Colorado

It’s always a good idea to call a Colorado distracted driving accident lawyer, especially if there are serious damages to you, a loved one, or your property. A distracted driving accident can seriously alter your life in the blink of an eye. The best distracted driving accident lawyer in Colorado will be able to help get you what you need to live a healthy and comfortable life. Let one of our Denver distracted driving accident lawyers help you. If you would like to schedule a free consultation, complete the “Contact Me Now” information available on this page.

What to Do After a Distracted Driving Accident in Colorado

The steps you take after you’ve been involved in a distracted driving accident in Colorado are crucial because they determine the future of your claim.

  • Move your vehicle out of traffic, if possible
  • Wait for emergency services. Medical personnel will evaluate you when they arrive
  • Do not leave the scene or touch any evidence
  • Take photos of the vehicles involved in the accident, road conditions, debris, traffic signals, signage – anything that could be pertinent to building a case
  • Exchange insurance information with the other involved driver(s)

What is UM and UIM Insurance?

UM (Uninsured Motorist) and UIM (Under-Insured Motorist) insurances will protect you in the event that you’re involved in a car accident with an uninsured driver or one that doesn’t have enough insurance to cover the cost of your damages. The Insurance Information Institute reported in 2019 that 16.3% of drivers in Colorado are uninsured. Having UM and UIM insurance on your policy will make sure you can recover from financial loss after a devastating accident.

How Does UM and UIM Work in Colorado?

UM and UIM will pay for the rest of the damages that were not paid by the responsible party’s insurance. For example, if your medical bills are $15,000 after being injured by an uninsured driver, and you have UM coverage up to $50,000, your policy will cover all of your medical bills.

Now, let’s say that your medical bills are $100,000 and the driver who caused your injuries is insured, but only for up to $75,000. Your UIM insurance will cover the remaining balance.

Do I Need UM and UIM Coverage?

Although insurance companies are required to offer uninsured motorist or underinsured motorist coverage, the state of Colorado doesn’t require drivers to have it included in their auto insurance plans. A Denver car accident attorney would tell you that UM and UIM coverage is a good thing to have on your insurance policy, even if it increases your premium. The cost you pay to have the coverage might be minimal compared to the cost of medical bills, property damage, and your pain and suffering.

If you run into a situation where the driver responsible for your damages is uninsured and unable to pay for your recovery, those financial responsibilities could be devastating. In Colorado, over 16% of drivers are uninsured. A Colorado personal injury lawyer would say that it isn’t worth the risk to skip over including UM insurance on your policy.

Ultimately, the choice to have UM and UIM insurance on your policy resides in the hands of the policyholder. It will be up to you to decide whether or not you are willing to risk being responsible for your financial and personal losses, even if you are not responsible for the car accident in Colorado.

What is Liability Insurance?

Auto liability insurance covers drivers in two ways:

  1. If a driver injures another person, bodily liability insurance will help them pay for medical bills.
  2. If a driver damages a vehicle or other property, property damage liability coverage will help them pay for repairs and replacements.

Do I Need a Lawyer if I Am Injured by an Uninsured Driver?

It is not required to hire a Colorado personal injury lawyer, but it can certainly be helpful. The fact of the matter is that insurance companies want to get away with giving you as little money as possible. If you don’t know how – or are unable to – fight for your rights after you’ve been injured in a car accident, that insurance company is likely to get away with paying you a minimal amount.

The best car crash lawyer in Colorado will not only be able to fight for what you deserve but they will be able to do so in a quick and efficient manner. Dealing with the physical and emotional ramifications after a car accident can be tough enough without having to constantly be on the phone, participate in meetings, and deal with paperwork. Your car accident attorney will speak to the insurance companies and advocate for your rights so you can focus on your recovery.

Is it Illegal to Drive Without Insurance in Colorado?

Yes. If a driver is caught without any auto insurance, they could face community service hours, jail time, and hefty fees. It’s possible for an uninsured driver to have their license revoked or suspended for a certain amount of time or until they have obtained auto insurance.

What do I do After I am Injured by an Uninsured Driver in Colorado?

If you have been hit by an uninsured driver, wait at the scene for emergency medical services to arrive. They will evaluate your condition and take you to the hospital, if necessary. Be sure to allow emergency medical services to evaluate you even if you don’t feel as though you have any injuries. There is always the possibility of internal injuries or those that don’t present themselves right away. A medical examiner will keep a record of your condition that is necessary in order to make a claim against the uninsured driver.

Hire The Best Colorado Distracted Driving Accident Lawyer

Our team of attorneys have the experience and skill that is necessary to win your case against uninsured drivers and get you the compensation you need to recover. Call today for a free initial consultation.

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