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Denver Distracted Driving Accident Attorney

If you have been injured by a distracted driver, contact The Fang Law Firm today. You may have a personal injury claim for compensation. Our Denver distracted driving accident lawyers are dedicated advocates for people injured by distracted drivers.

With advancing technology, distracted drivers have become a menace on America’s roadways. According to the National Highway Traffic Safety Administration (NHTSA) approximately 481,000 drivers are using cell phones while driving at any time during daylight hours in the U.S.

Denver Distracted Driving Accident Attorney

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Why Choose Our Firm?

At The Fang Law Firm in Denver, we believe in hands-on case management. Clients in Denver choose us for many reasons, including:

  • Our firm was founded on one guiding principle: people deserve personal representation and a direct line of communication throughout a personal injury claim.
  • Instead of using paralegals or legal assistants, our Denver car accident lawyers give their undivided attention to the clients we represent.
  • We have a 98% success rate in more than 10 years of litigation experience.

Our attorneys have what it takes to handle your distracted driving accident case, no matter what complications or challenges may arise.

What Is Distracted Driving?

In 2019 alone, 3,142 people were killed and 424,000 were injured in distracted driving traffic crashes. As defined by NHTSA, distracted driving is any activity that diverts the driver’s attention away from driving. It may involve:

  • Texting
  • Talking on a cell phone
  • Operating a navigation system
  • Adjusting the radio or entertainment system
  • Talking with passengers
  • Dealing with children
  • Reaching for objects in the vehicle
  • Eating or drinking
  • Grooming or applying makeup

Texting is the most alarming form of distracted driving because it requires visual, manual, and cognitive attention. NHTSA reports that sending or reading a text message takes the driver’s attention off the road for five seconds. At 55 mph, this is comparable to driving with your eyes closed for the length of a football field.

Determining Liability for a Distracted Driving Accident

All drivers have a legal duty to drive in a reasonable manner to protect pedestrians and other motorists on the roadways. This includes the duty to be alert and aware of the environment, as well as to obey Colorado’s law against texting and driving. Distracted drivers breach that duty when they take their attention off the road to text or engage in another distracting activity.

When our firm represents you, our Denver distracted driving accident lawyers can subpoena the other driver’s cell phone records, identify all factors contributing to the accident, and determine liability. We will work had to hold the responsible party accountable and recover full compensation for the injuries and losses you sustained in the accident.

Financial Compensation Available for a Distracted Driving Accident

If your distracted driving accident attorney is successful in proving the other driver’s fault for your automobile accident, you could recover financial compensation for your related losses. All drivers in Colorado must carry at least $25,000 in bodily injury liability insurance per person, $50,000 in bodily injury insurance per accident and $15,000 in property damage insurance. This insurance will pay for your medical bills and property repairs after a crash if the other driver is found to be at fault for distracted driving. If the other driver’s car insurance company refuses to pay a fair settlement, your attorney can take your case to trial.

A successful settlement or jury verdict could result in payment for many of your economic and noneconomic losses, including:

  • Medical expenses
  • Property damage
  • Losses of income
  • Lost capacity to earn
  • Pain and suffering
  • Disability
  • Lost quality of life
  • Loss of consortium
  • Out-of-pocket costs
  • Wrongful death benefits
  • Punitive damages

The compensation that is available to you in a distracted driving accident claim will depend on the specific losses that you suffered, as well as the severity of your injuries and many other factors. Discuss your case with a Denver personal injury attorney at The Fang Law Firm for an accurate evaluation of your case.

What Are Colorado’s Cell Phone Laws?

As is the case in most states, it is against the law to use a handheld cell phone or another electronic device for data entry or transmission while operating a motor vehicle in Colorado. While an adult driver can use a handheld phone to make a regular phone call, they cannot text, check emails, browse the internet or send messages while driving. A driver who is under the age of 18 cannot use a handheld cell phone at all, even to make phone calls. The only exception is if the driver must call a public safety entity during an emergency.

Violating Colorado’s cell phone law is a Class A traffic infraction for a minor driver (a $50 fine) and a Class 2 misdemeanor for an adult driver (a $300 fine). Subsequent violations will result in more severe penalties and higher fines. If an adult driver causes a car accident that results in bodily injury or death while texting and driving, it is a Class 1 misdemeanor, punishable by a $1,000 fine and/or up to one year in prison. The driver will also be liable, or financially responsible, for the losses suffered by victims in the distracted driving accident.

Common Injuries in a Distracted Driving Accident

The injuries suffered in a distracted driving car accident can be immense. Distracted drivers often do not notice changing roadway situations, such as a stopped vehicle or crossing pedestrian, until it is too late to hit the brakes. This results in high-speed collisions in many distracted driving accidents. Failing to hit the brakes or swerve before a collision can cause serious crash-related injuries, such as:

A serious injury from a distracted driving accident can cause thousands of dollars in medical expenses, as well as take a victim out of work and create lost wages. It can also lead to significant pain and suffering for a victim. Even if you have a minor injury from a car accident, you may be entitled to financial compensation for your losses. Discuss your unique case with one of our attorneys as soon as possible, no matter what type of injury you have suffered.

Why You Need a Denver Distracted Driver Accident Attorney

If you have been seriously injured in a traffic crash and suspect the other driver was distracted at the time of the accident, your best course of action is to hire an experienced Denver attorney to represent you. Our Denver distracted driving accident attorneys can:

  • Investigate your accident
  • Obtain and preserve evidence
  • Assess the full extent of your losses
  • Build a strong case based on the facts
  • Negotiate skillfully with insurance companies on your behalf
  • Fight for your rights in court, if necessary

Having a lawyer by your side shows an insurance company that you mean business. Your lawyer can negotiate with the insurance claims adjuster for fair and full results on your behalf while you focus on healing and recovering.

Distracted Driving Statistics

Distracted driving is an ongoing problem in the U.S. Data released by the U.S. Department of Transportation in 2021 reported that 9 percent of all fatal accidents and 15 percent of nonfatal accidents involved a distracted driver. Statistically, the largest proportion of drivers who engage in distracted driving in fatal accidents are ages 15 to 20 years old. In 2019, 566 of the victims who were killed in distracted driving accidents were non-vehicle occupants, such as pedestrians and bicyclists.

Nationwide, in 2019, 2,895 fatal accidents involved distractions, with 3,008 distracted drivers (some accidents had multiple distracted drivers). Of these accidents, 387 (13 percent) involved cell phone use, which took a total of 422 lives. Also, in 2019, an estimated 28,000 people were injured in traffic accidents involving cell-phone-related activities. Other types of distractions are also dangerous, such as eating, drinking and general inattention.

What to Do After a Distracted Driving Accident

If you get injured in a distracted driving accident, take the following steps to improve your chances of having a successful insurance claim or personal injury lawsuit in Denver, Colorado:

  1. Call the police. Whether your crash is minor or severe, call 911 from the scene to obtain an official police accident report.
  2. Collect information. Exchange names and phone numbers with the other driver. Write down a description of his or her vehicle, as well as the time, date and location of the crash.
  3. Take pictures. Use your cell phone to take photographs and videos while still at the scene of the accident.
  4. Go to a hospital. Always go to a doctor immediately after a car accident, even if you feel fine. Your adrenaline may be masking an injury.
  5. Call the other driver’s insurance company. Contact them to file an initial claim. Do not admit fault for the accident or rush into a fast settlement.

From there, contact an attorney in Denver for a free consultation about your case. An attorney can give you advice that you can trust about how to move forward with a claim and protect your rights.

Contact Us Today

Our distracted driving accident attorneys at The Fang Law Firm in Denver, Colorado are dedicated to helping our clients in the best way possible by tailoring each case to fit the client’s unique needs. We have more than a decade of experience litigating over 10,000 combined cases. We operate on a contingency-fee basis, meaning you pay us no fees until we recover compensation for you. Contact us today if you have been hurt in a distracted driving accident.