When motorists fail to exercise reasonable care in operating their vehicles, tragedy can happen. Driving requires concentration and focus and taking your eyes off the road for even a few seconds creates a dangerous situation for everyone around you.
Although almost all drivers know that any distraction source is a safety issue, some still choose to take the risk. Smartphones and other electronic devices are often in the spotlight when it comes to distracted driving, but other activities such as talking with passengers and daydreaming can hinder defensive driving.
If you or your loved one suffered significant harm when an irresponsible driver hit you, you might want to consider seeking a Denver distracted driving accident lawyer’s assistance in pursuing justice. Recovering from serious injuries can strain your finances and obtaining fair compensation may be within your rights as a victim. Call Ben Crump Law, PLLC, today at (800) 598-7557, to arrange a free consultation and learn more about your legal options.
Driving Distractions That Can Give Rise to a Car Accident Case
When a driver crashes into you, the exact cause may not be immediately clear. However, distracted driving could be the underlying reason for the accident if they were engaged in the following activities:
- Using a cellphone
- Changing radio stations
- Checking social media
- Talking with passengers
- Operating the navigation system
- Applying makeup
- Attending to kids
These common distractions force motorists to take their hands off the wheel, look away from the road ahead, and generally keep their mind off safe driving. What can follow afterward is an unfortunate situation where other people get severely hurt. If you were injured in a collision, a Denver distracted driving accident lawyer can investigate your case’s facts and find out if liability lies with the other driver.
For a free legal consultation with a distracted driving accidents lawyer serving Denver, call (800) 598-7557
Colorado’s Law on Distracted Driving
It is legal for adult drivers in Denver to use cellphones for voice calls under normal circumstances. However, distracted driving law in Colorado, as outlined in CO Rev Stat § 42-4-239, prohibits motorists from manually entering data on a cell phone while operating a vehicle. This includes browsing the internet and sending text messages. Penalties for violating state law include fines for initial offenses and imprisonment plus fines for subsequent offenses or bodily injury or death. Offenders will also receive one up to four points on their driving records.
Sadly, many motorists disobey the law and continue the dangerous habit of texting while driving. Even if distracted driving occurred, it could be challenging to prove that a motorist was not paying attention to the road before crashing into you. This is where a Denver distracted driving accident lawyer can help.
You can gain access to legal resources and knowledge that will be vital in discovering the truth. Reach out to Ben Crump Law, PLLC, to verify if you can pursue legal remedies that may entitle you to recover damages for your losses and suffering.
Denver Distracted Driving Accident Lawyer Near Me (800) 598-7557
Proving Negligence in a Distracted Driving Accident
The outcome of your case mainly depends on how you can prove negligence. Although it may seem apparent that distracted driving is already a reckless or negligent act, it does not mean you can automatically bring a case for damages. You still need to follow the legal process of establishing the other party’s negligence and demonstrate how this led to your injury and how you suffered because of this injury. Some of the ways a Denver distracted accident lawyer can strengthen your case and determine liability include the following:
- Gathering testimony from witnesses
- Obtaining the other driver’s statement and requesting their cellphone records
- Acquiring video surveillance footage of the accident
- Identifying other factors that contributed to the incident
You are also a source of crucial information, so your attorney will likely conduct informed questioning. Sometimes, victims can observe details about their accident that they dismiss as unimportant but are essential in making their case.
Statute of Limitations
Unlike in most states, the statute of limitations for car accident lawsuits in Colorado, which is CO Rev Stat § 13-80-101(1) (2016), is different from that of personal injury cases. If you suffered injuries from a distracted driving accident, you must file your lawsuit within three years from the day the incident took place if you do not want the court to dismiss your case.
This deadline also applies to vehicle damage lawsuits, but not for wrongful death claims. If a victim dies after an automobile accident, the law allows eligible family members to file a claim within two years. Sometimes, there are exceptions to the deadline that could complicate matters, so speaking with a Denver distracted driving accident lawyer can help make those matters clearer.
Modified Comparative Negligence
In Denver, whoever is at fault in a car accident is liable for damages. This is often not as straightforward as it sounds because, according to CO Rev Stat § 13-21-111, you may only recover compensation if the other party is more at-fault than you. Moreover, the court will reduce the total amount of your damages in proportion with your share of the blame. If you were supposed to receive $10,000 as a settlement but were 30 percent responsible for the crash, you would only get $7,000. Being more than 50 percent at fault for the accident will bar you from recovering anything.
It is critical to make sure you do not lose the right to seek compensation after experiencing devastating losses and suffering due to another’s wrongful conduct. You can discuss your case with a Denver distracted driving accident lawyer to better understand your situation and know more about your next steps. Other parties may attempt to blame you for reducing your settlement amount or preventing you from getting anything at all.
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We Are Here to Ease Your Uncertainty
It is natural to feel shocked and overwhelmed when facing a tough road to recovery after a catastrophic accident. If you add mounting expenses and financial uncertainties into the mix, pursuing a legal case may be the last thing on your mind.
However, you do not have to face this alone. A Denver driving accident lawyer can review your situation and talk with you about the monetary compensation you might be able to pursue to recover your injuries and losses from the accident.
Contact Ben Crump Law, PLLC, today at (800) 598-7557, and our representatives can speak with you about your concerns and answer your questions. The sooner you call, the sooner we can start working on your behalf.