Distracted driving is dangerous. When drivers take their eyes and minds from the road, accidents can happen. Losing focus while driving can lead to head-on collisions, broadside accidents, rear-end collisions, and injuries to bicyclists and pedestrians.
Distracted drivers should pay for their negligence. If a distracted driver is responsible for your crash, you can seek compensation, and an Aurora distracted driving accident lawyer can help. Call (800) 598-7557 to speak to a member of the team at Ben Crump Law, PLLC about your case.
Distracted Driving Can Lead to Injuries and Death
It only takes an instant for distracted driving to lead to an accident. In fact, looking away from the road for five seconds while traveling at 55 miles per hour is like driving the length of a football field blindfolded, according to the National Highway Traffic Safety Administration (NHTSA).
Keeping our eyes on the road is not the only preventative for distracted driving. The Centers for Disease Control and Prevention (CDC) classify driving distractions as visual, manual, and mental. Manual distractions are diversions that take our hands from the wheel, while mental distractions pull our concentration from the act of driving. The CDC estimates that in 2018 alone, nearly 400,000 injuries occurred because of distracted driving crashes. During the same year, distracted driving caused close to 3,000 fatalities.
Examples of driving distractions include onboard navigation and entertainment systems, other passengers, eating and drinking, daydreaming, unsecured or loose packages or cargo, and sights outside of the vehicle.
For a free legal consultation with a distracted driving accidents lawyer serving Aurora, call 800-598-7557
Distracted Driving and Cell Phones
One of the biggest driving distractions is cell phones. This may be especially true for young adults and teen drivers. According to the CDC, a 2019 study found that almost 40 percent of high school students admitted to texting or emailing while driving during the previous 30 days.
Colorado outlaws any type of cell phone use by drivers under 18 years old, according to the Colorado General Assembly. Drivers over age 18 may legally use a cell phone for voice calls, but the law prohibits texting, searching the internet, or any other “manual data entry and transmission.” However, the law does not apply to drivers of any age who are using a phone to call for help, report an emergency, or report a reckless driver.
Those who violate the state’s cell phone driving laws may be subject to fines and point deductions from their driver’s license. Subsequent offenses have increased penalties. Adults who cause bodily injury or are the proximate cause of another’s death may face imprisonment.
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Distracted Driving Is Often Negligent Driving
All drivers owe others on the road a reasonable duty of care. Though a distracted driver does not intend to cause injuries to another person, if they were acting negligently, they may be legally responsible for your damages. Failing to pay attention can result in reckless driving maneuvers, like speeding, crossing into the wrong lane, making an improper turn, or failing to stop at a stoplight. All of these actions can lead to a crash.
An Aurora distracted driving accident lawyer can help you prove your crash was the result of another motorist’s distracted driving. An attorney may use eyewitness statements, red-light camera photos and video, surveillance footage, police reports, and crash reconstruction experts to show the other driver’s negligent behavior caused your accident. Your attorney can then help you fight for damages through an insurance claim or a lawsuit.
Often, car accident cases begin with an attempt to settle outside of court. Colorado follows an at-fault insurance model, meaning you seek payment from the at-fault driver’s insurance provider. Usually, your lawyer will make every attempt to negotiate an adequate insurance settlement and avoid going to court. This is not, however, always possible. Insurance may not be an option if your damages are more than the at-fault driver’s insurance coverage provides or if an uninsured driver caused your crash. There is also the possibility the insurance company denies your claims.
When insurance cannot remedy your claims, you can take your case to court. Colorado Revised Statutes (CRS) §13-80-101 allows a statute of limitations of three years for bodily injury and property damage claims arising from motor vehicle accidents. If your accident happened within this time frame, you may file a lawsuit. Your attorney can help you seek compensation for your medical bills, pain and suffering, property damages, and more. If your loved one died because of injuries suffered in an accident, you may be able to sue for wrongful death.
You can bear some responsibility for your crash and still win compensation. According to CRS §13-21-111, you may receive awards as long as you are less than 50 percent at fault. The amount of money you win is reduced by the percentage of fault the court assigns to you.
For example, if you were involved in a front-end collision because the other driver was texting, but you were speeding, the court may find you are 10 percent responsible. If you win $100,000, you would receive $90,000. If you are more than 50 percent at-fault, the court will likely bar you from seeking awards.
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You Do Not Have to Take on the Legal Burden Alone
Ben Crump Law, PLLC believes in fighting for those without a voice. We are ready to take on insurance companies, their lawyers, or any other party standing between you and financial awards. We never back down from even the toughest cases. We want you and your family to receive the money you need to pay for your medical treatments and aid in your further recovery.
To further help your pursuit of justice, we will charge you nothing upfront and nothing out of pocket. An Aurora distracted driving accident lawyer will take your case on contingency, and we only collect a fee if we win.
To learn more about the services we provide and how working with an attorney can benefit you, call our team at (800) 598-7557.
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