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Practice Areas If you have been injured by a distracted driver, contact a Denver distracted driving accident attorney at 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.
At Fang Law Firm in Denver, we believe in hands-on case management. Clients in Denver choose us for many reasons, including:
Our Denver distracted driving accident attorneys have what it takes to handle your distracted driving accident case, no matter what complications or challenges may arise. Contact our injury law firm today to schedule a free consultation about your serious injuries and options for financial compensation.
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:
Having a distracted driving accident 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.
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 distracted driving 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:
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 Fang Law Firm for an accurate evaluation of your case.
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 and fair compensation for the injuries and losses you sustained in the accident.
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 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.
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.
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 personal injury you have suffered.
Distracted driving is one of the top causes of fatal car accidents in the United States. When a driver does not dedicate his or her full attention to the road and driving task, accidents happen. In Colorado, victims involved in distracted driving collisions have the right to seek financial compensation from the at-fault drivers.
In 2022, distracted driving took 3,308 lives, according to data collected by the National Highway Traffic Safety Administration (NHTSA). This is a significant problem that is entirely preventable if drivers avoid things that divert their attention away from driving.
There are three recognized types of driver distractions:
Anything that removes a driver’s attention from the task of operating a motor vehicle safely and prudently can constitute a dangerous driver distraction. It is a driver’s responsibility to avoid distractions and focus on the road at all times.
Although almost anything can present a driver distraction, certain things are more likely to distract drivers than others. Engaging in any of the following activities while operating a motor vehicle is dangerous.
The use of a cell phone is the number one cause of distracted driving accidents. Cell phones are extremely dangerous for drivers because they fulfill all three types of distraction – manual, visual and cognitive – at the same time.
The NHTSA states that reading a single text message while traveling at a speed of 55 miles per hour is the equivalent of driving across a football field blindfolded. Like many states, Colorado law has banned texting while driving to try to prevent this type of distraction.
Stopping for fast food and eating or drinking on the road can be distracting, as it may absorb a driver’s manual and visual attention. For example, a driver holding a food item in one hand may not be able to react quickly enough to turn the wheel and avoid a hazard. Similarly, drinking a beverage can impede a driver’s view of the road.
Motor vehicles – especially newer models – offer many potential distractions if a driver isn’t careful. Infotainment systems with stereos, GPS, cameras and apps can be distracting if a driver does not utilize the technology safely or correctly. Passengers and pets inside the vehicle can also be dangerous distractions.
Cognitive distractions can be just as dangerous as manual and visual ones while driving. A daydream, argument, worry, assignment or conversation that takes a driver’s mind off of the driving task can delay the driver’s reaction times and affect reflexes. In this way, thinking about non-driving things or activities can interfere with safe driving.
If you get involved in a distracted driving accident in Colorado, you must prove that the other driver is to blame more likely than not (known as a “preponderance of the evidence”) for you to qualify for financial compensation for your medical bills, property damage and lost wages.
A Denver, Colorado car accident attorney can help you establish fault by obtaining the other driver’s cell phone records, interviewing witnesses and hiring qualified distracted driving experts to testify. Your lawyer will fight for fair financial compensation on your behalf while you focus on healing from your injuries.
Tragically, some distracted driving accidents result in fatalities. When a loved one dies due to the negligence of a distracted driver, surviving family members may have the right to pursue a wrongful death claim if necessary. Wrongful death claims can cover various damages, including:
A wrongful death lawsuit aims to provide financial support to the family members left behind and to ensure that justice is served for the untimely death of a loved one. These cases are often complex and emotionally challenging, so it is essential to have an experienced Denver wrongful death attorney who can guide you through the legal process with compassion and expertise.
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.
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 crashes 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 usage, 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.
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:
From there, contact a distracted driving accident attorney in Denver for a free case evaluation. An attorney can give you advice that you can trust about how to move forward with a claim and protect your rights.
Our distracted driving accident attorneys at 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.