Denver Distracted Driving Accident Attorney

A Denver texting and driving accident lawyer can assist you and ensure you receive fair compensation for injuries resulting from a distracted driver’s negligence. Using a cell phone while driving is one of the most common causes of vehicle accidents yearly and puts everyone on the road at risk.

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 and 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 behind the wheel 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 an experienced car accident attorney at the Paul Wilkinson Law Firm now to schedule your free consultation.

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.

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.

Any distraction that takes your focus from the road is dangerous and should always be avoided. What makes texting and 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.

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. 

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 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 AND DRIVING STATISTICS

In recent years, texting and 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.