Texting While Driving Car Accidents in Loveland
Everyone who drives a motor vehicle has the same “duty of care” requiring them to act lawfully and responsibly behind the wheel, which includes keeping their attention on the road at all times. Using a cell phone to read or write text messages is a textbook example of a “breach” of this duty, and any breach that directly leads to a collision could be the basis for civil litigation against the driver at fault for the wreck.
Successfully filing suit and getting paid fairly after you are injured in texting while driving car accidents in Loveland can be complicated, especially if you try to go through it alone. Guidance from a knowledgeable car accident lawyer could make the difference in getting every cent of the compensation you deserve from your lawsuit or settlement demand.
Laws About Texting Behind the Wheel
In Colorado, it is against the law for anyone under 18 years old to use a cell phone for any reason while driving, or for anyone over 18 to read, write, or send text messages behind the wheel. This law applies not only to people whose vehicles are in motion, but also to people who are stopped at lights or otherwise in the driver’s seat with the engine on.
Texting while driving is a misdemeanor offense in terms of possible criminal sanctions, but the fact this behavior is against the law means it counts as a “breach” of the duty of care all drivers owe each other to act lawfully. Anyone who can prove someone involved in a car accident in Loveland was texting behind the wheel immediately before the crash happened can likely hold that person liable for the injuries and losses that followed. This can be proven through a police report or other evidence like witness testimony and surveillance or dashboard camera footage.
Recovering Fairly While Avoiding Comparative Fault
Both economic and non-economic forms of harm can be factored into a texting while driving car accident claim in Loveland, including:
- Medical bills
- Physical pain and discomfort
- Vehicle repair/replacement costs
- Emotional and psychological suffering
- Lost work wages or working ability
- Lost enjoyment of life, including loss of consortium
The fact that another driver was texting behind the wheel will not necessarily make an injured party immune from being found partially at fault for the crash themselves — for instance, when a texting driver rear-ended them in part because their brake lights did not work. Depending on the circumstances, a finding of “comparative fault” assigned to an injured person in this way could result in the plaintiff missing out on a proportional percentage of the compensation they otherwise would have received. They might also be denied compensation altogether because they hold an equal or majority share of total fault for their own accident.
Let a Loveland Attorney Take Action Over a Texting While Driving Car Accident
Texting while driving is one of the most irresponsible things anyone can do behind the wheel, and accidents caused by texting drivers tend to have especially serious repercussions. You may have legal standing to demand civil compensation from anyone who caused you to get hurt because of their negligent behavior.
Achieving success with a claim built around a texting while driving car accident in Loveland could be much easier with assistance from a knowledgeable personal injury lawyer. Call today to learn more in a free consultation.
