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Colorado Injury Firm

Fort Lupton Texting While Driving Accident Lawyer

The increasing reliance on cellphones in our everyday lives has led to an alarming number of car accidents that happen because people are texting while driving. Even though many states, including Colorado, ban texting while driving, texting from behind the wheel still leads to many serious and sometimes fatal car accidents.

If you find out that the driver responsible for your car accident was texting at the time of your accident, you may be entitled to compensation for your injuries from that driver and their insurance company. A qualified Fort Lupton texting while driving accident lawyer will work with you to help you obtain the most successful resolution to your case. To get started on a claim, reach out to a professional attorney today.

Why is Texting While Driving So Dangerous?

The National Highway Transportation Safety Administration (NHTSA) explains that texting while driving is so dangerous because it simultaneously involves visual, manual, and cognitive distractions. Reading or replying to a text message:

  • Impairs a driver’s visual ability because it requires a driver to remove their eyes from the road
  • Impairs a driver’s manual ability because it requires a driver to remove one or both hands from the wheel in order to operate their phone
  • Impairs a driver’s cognitive ability because it requires a driver to take their focus off of their driving while they think about what they are reading or writing.

Colorado Law Prohibits Texting While Driving

Colorado Revised Statutes Section 42-4-239 prohibits texting while driving. New drivers under the age of 18 may not text unless in cases of emergencies and will be charged $50 for the first offense. Police officers will fine adult drivers $300 for the first offense, but police officers can only cite adult drivers if they were driving in a “careless and imprudent” manner. If a driver causes an accident because they were distracted by their texting, they have broken the law.

To recover damages, a claimant will need to prove that the driver who hit them was negligent. If a claimant can prove that the other driver was texting, then that shows that the driver was not acting reasonably and was negligent.

A Fort Lupton distracted driving attorney can help by examining the evidence from the car accident. They have the qualifications to expertly interview witnesses, review police reports from the scene of the accident, and follow the proper procedural channels to obtain cellphone records from the time of the accident to prove that the driver was texting at the time of the accident.

Possible Recoverable Damages in Fort Lupton

According to CRS §13-80-10, a car accident victim must file a personal injury suit within three years in Colorado. Under Colorado law, car accident victims can sue to recover the cost of hospital and other medical bills, lost present and future wages, as well as for losses that cannot be quantified, such as for their physical pain mental suffering, but those non-economic damages are capped. Working with a Fort Lupton texting while driving accident lawyer may help a victim maximize their potential recovery of costs.

How a Fort Lupton Distracted Driving Attorney Could Help

If you or a family member is suffering injuries sustained in an accident caused by texting while driving, reaching out to experienced counsel may help. Local attorneys have helped many people recover damages after they have been hit by a driver who was distracted by their cellphone. A Fort Lupton texting while driving accident lawyer will investigate the details of your accident and fight for your rights. If necessary, your local lawyer will negotiate with the distracted driver’s insurance company and attorney to reach the settlement that will be most beneficial to you.

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