TEXTING WHILE DRIVING
ACCIDENT LAWYERS
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Denver Texting While Driving Accident Attorney
If you have recently been involved in an accident where another driver was clearly distracted by their phone, you may have the right to compensation based on the other driver’s fault. Texting while driving accidents can leave you with the financial challenges of property damages, low insurance payouts, and rising medical bills.
Despite the Colorado law banning texting while driving, countless people do it daily. Texting while driving places the offending drivers and every motorist sharing the road with them at risk of serious injury. If you or someone you care about is suffering because of injuries suffered in a car accident involving the negligent use of a cell phone, you have the right to be fully compensated for any losses you incur as a result. Reach out to the experienced Denver personal injury attorneys at the Paul Wilkinson Law Firm now to schedule your free consultation.
What Exactly Is Distracted Driving?
The definition of a driving distraction is anything that pulls your attention away from the road. The National Highway Traffic Safety Administration observes three categories of distracted driving related to cell phone use. Holding a phone to your ear, using headphones or a headset, and typing or texting while driving all qualify as distracted driving.
Texting while driving is considered a form of distracted driving, which accounts for any activity or situation that takes your focus from the road and the act of driving a vehicle. In many states, including Colorado, texting while driving is illegal.
Different Types of Distracted Driving
Distracted driving is divided into three primary categories: visual distractions, manual distractions, and cognitive distractions. To better understand distracted driving, here’s a closer look at each type:
1. VISUAL DISTRACTIONS
Any distraction that causes the driver to take their eyes off the road—even if just for a second. This can include looking away, using your cell phone, or reading a passing sign or billboard.
2. MANUAL DISTRACTIONS
Any distraction that takes your hands from the wheel. This can include adjusting the radio, reaching for an object, applying makeup, eating, or using your cell phone.
3. COGNITIVE DISTRACTIONS
Any distraction that takes your mind and mental focus from the road. This can include conversing with another passenger, thinking about something other than driving or simply daydreaming.
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Why is Texting While Driving Dangerous?
Any distraction that takes your focus from the road is dangerous and should always be avoided. What makes texting while driving particularly dangerous is that it combines all three types of distracted driving. Even just reading a text message takes your eyes, at least one hand, and your cognitive focus from the road. Taking the time to respond to a text message increases this risk.
Per the National Highway Traffic Safety Administration (NHTSA), it takes roughly five seconds to read a text message. When traveling at fifty or sixty miles per hour on a highway, you’ll cover a lot of distance quickly. Think about closing your eyes for five seconds while driving—would anybody really want to do that? Just remember that no matter how important you think a text message might be, it’s never worth the risk.
Is Texting While Driving Illegal?
While there is no national law preventing texting while driving or distracted driving, each state has unique laws that regulate this issue to some degree. In almost every state, it’s illegal to text while driving. Some states, such as California, even prohibit talking on your cell phone while operating a motor vehicle.
For those in Colorado, here’s a brief look at the state laws concerning texting while driving:
- Texting while driving is prohibited.
- Even at a red light, texting is prohibited.
- Drivers under the age of 18 are prohibited from using their cell phone in any capacity. Even at a red light, texting is prohibited.
- Any driver with only a learner’s permit is prohibited from using their cell phone while driving.
It also should be noted that distracted driving and texting while driving laws in Colorado are regulated by secondary enforcement, not primary enforcement. What does this mean? A secondary enforcement violation means that you can only be stopped and cited for the violation if you’re also breaking another law, like speeding or reckless driving.
TEXTING WHILE DRIVING AND DISTRACTED DRIVING STATISTICS
In recent years, texting while driving has quickly become one of the most common causes of car accidents in the United States. To better understand this form of distracted driving (and the sheer size of this issue), here are some top statistics concerning texting while driving:
- 1 out of every 4 car accidents in the US is a result of texting while driving. Even at a red light, texting is prohibited.
- Texting while driving is more likely to cause an accident than driving under the influence of alcohol or drugs.
- Roughly 390,000 injuries are caused every year by texting while driving accidents.
- Texting is the most dangerous phone-related activity one can do while driving.
- Almost 95 percent of drivers support a texting while driving ban.
HOW CAN YOU PREVENT DISTRACTED DRIVING?
While we all know we shouldn’t use our phones while driving, at times it can be challenging to resist the temptation to quickly check your phone or respond to a text message. However, it’s critical to leave your phone alone and stay completely focused on the road. Even taking your eyes from the road for a second or two could lead to an accident.
Wondering how to break the habit of texting and driving? If you have trouble resisting the temptation to check your phone, here are some strategies for reducing texting while driving and keeping yourself, and others, safer on the road.
- Turn your cell phone off.
- Or, turn your cell phone on silent.
- Place your cell phone somewhere inaccessible (like the backseat or a bag).
- Download a safe driving app (DriveMode, LifeSaver, EverDrive).
At The Paul Wilkinson Law Firm, LLC, our attorneys represent clients throughout the Denver metro area and across the Front Range region in a variety of claims involving texting accidents and other types of distracted driving. I understand the tactics employed by the insurance company lawyers in these matters, and I utilize effective strategies to counter them at every stage.
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Experienced Texting While Driving Injury Attorney
At the Paul Wilkinson Law Firm, LLC, I represent clients throughout the Denver metro area and across the Front Range region in a variety of claims involving texting accidents and other types of distracted driving. I understand the tactics employed by the insurance company lawyers in these matters, and I utilize effective strategies to counter them at every stage.
I often bring in individuals who perform accident reconstruction to provide expert testimony regarding how a particular accident occurred and who was at fault. I will present the strongest possible argument to show that the cause of the accident was texting and the negligent driver’s refusal to abide by the law.
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Contact My Denver Office to Discuss Your Injury Claim with a Lawyer
If you need a lawyer for personal injury because of a distracted driver, do not hesitate to reach out. You can rely on me to seek maximum compensation for your medical care and any other losses arising from a texting accident. I offer a free consultation at my Denver office, at your home, the hospital, or at another location that is convenient for you.
