Texting & Driving Accidents

Colorado Springs Car Accident Lawyer

Texting and driving causes 1.3 million crashes in the United States every year. Experts say that texting and other types of cell phone use are the most dangerous types of distracted driving that exist. Distracted driving is any activity that takes a drivers mind, hands or vision off of the road. Texting and driving is the most dangerous not only statistically, but inherently, because it takes visual, manual and cognitive faculties off of the situation at hand. Drivers who text and drive are at a 23 percent increased risk of causing a car accident than those who drive without distraction.

Colorado Texting and Driving Laws

In the state of Colorado, there is a ban on all cell phone use, both handheld and hands-free devices, for novice drivers as well as a ban on texting for all drivers. Colorado defines "novice drivers" as all drivers under the age of 18. Even though texting while driving is against the law, 34 percent of teen drivers involved in car accidents admitted to texting while driving and approximately 27 percent of adults consistently send and receive text messages while driving. Colorado is one of 38 other states that have prohibited texting and driving.

Listed below are some texting and cell phone statistics compiled from Colorado State Patrol data:

  • Inattentive driving accounts for 4,000 accidents annually
  • Cell phone use and related distraction accounts for about 30 fatalities annually
  • Distracted driving, including texting, accounts for over 700 car crash injuries annually
  • Of the people fatally injured in traffic accidents, a majority are motorcyclists

Liability in Texting-Related Auto Accidents

Colorado is a tort state when it comes to auto insurance claims, rather than no-fault. The state tried no-fault laws for a few years but repealed them in 2003. With a tort policy, drivers involved in car accidents go to the at-fault party's insurance company to collect compensation. Because Colorado goes by the tort principle, determining the percentage of liability is extremely important. It is not always immediately apparent that a driver was texting and driving at the time of the accident. This is why a thorough investigation is important. By retaining a Colorado Springs car accident attorney from our firm, we can evaluate your accident, your auto insurance policy and information about the other driver involved.

In some cases, we can even get a hold of their cell phone records to see if they were sending text messages at the time of your collision. If a driver was texting, more than likely they should be held 100 percent at-fault for your accident. Colorado has adopted a form of comparative/contributory negligence laws. Even if the other driver was texting and driving, you could be held partially liable for the accident. Drivers can collect compensation from the at-fault driver's insurance provided that their percentage of liability does not exceed 50 percent.

Clawson & Clawson, LLP: Serving Colorado Springs, Parker & Pueblo

Contact a personal injury lawyer from our firm if you or someone you care about has been injured in a texting and driving collision. We also represent clients in Parker, Pueblo, and other Colorado cities. Approximately 23 percent of all auto collisions involve cell phones. These types of accidents can range from minor fender-benders to major fatal accidents. Our law firm can fight for you so that you recover full compensation to cover the cost of property damage (repairing or replacing your car), bodily injury (medical expenses) and we can even file a claim so that you can recover additional medical expenses or emotional harms such as pain and suffering. For a free evaluation of your case, call today!

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