Understanding the Legal Consequences of Texting While Driving In Colorado
Most of us understand that texting and driving isn’t a good idea. Your mind is thinking about what you’ve just read or what you want to reply while your hand is taken off the wheel to tap on your phone. But, many of us would also be lying if we claimed we never took “just a peek” at a social media notification or a quick scan of an urgent work email while behind the wheel. Unfortunately, texting and driving is the most common form of distracted driving, and distracted driving is one of the chief causes of traffic collisions.
Texting and driving can have serious legal consequences, especially if you hit someone while you’re mentally and physically distracted. If you’ve been struck by a distracted driver, you have several legal options, including pursuing a civil action against them to secure compensation for your losses, like a damaged vehicle and medical bills. We can explain your options in a free consultation, so call Earl & Earl, PLLC, today.
Texting While Driving Laws in Colorado
Colorado law makes it illegal for anyone under 18 to use a cell phone or other electronic device while driving, even in “hands-free” mode. Adults have restrictions on smartphones and similar electronic communication devices, too. Drivers over 18 may place voice calls on a wireless telephone while driving and may wear one headphone while doing so. However, all drivers in Colorado are prohibited from manual data entry on a wireless device, which includes:
- Texting and sending emails
- Programming a GPS
- Queueing up a podcast or playlist
- Engaging with an app on the phone
There are some exceptions to Colorado texting and driving, however. Any driver, no matter their age, is permitted to use a wireless device to make a phone call or send and receive text messages in an emergency or if they need to contact a public safety entity.
The Colorado Department of Transportation (DOT) notes that an emergency may be:
- A situation in which someone is in fear for their life
- A person has reason to believe a criminal act or violence may be perpetrated against themselves or someone else
- Reporting a serious traffic accident, a fire, a medical emergency, or a serious road hazard
- Reporting another driver behaving recklessly or in an otherwise unsafe manner
If a police officer cites you for using a phone while driving, you could face serious penalties, especially if your behavior caused harm to another person.
Legal Consequences of Texting While Driving
Colorado’s penalty for a minor’s first offense texting and driving charge, considered a Class A traffic infraction, is a fine of $50, with subsequent citations earning fines of $100 and more. Adults face a Class 2 Misdemeanor Traffic Offense, with a fine of $300 for the first offense. Both minors and adults will also get points on their licenses (minors receive one, adults four).
However, with multiple texting and driving citations, your license may be suspended. The consequences of texting and driving are much more serious than a fine if the driver causes a wreck and injures another person.
If texting and driving causes a driver to crash and hurt someone, then they may face criminal charges. Causing bodily injury or being the proximate cause of death of another person in a traffic collision is a Class 1 Misdemeanor in Colorado, with penalties of:
- Up to one year in jail
- $1000 fine
- Four points on the driver’s license
That’s just the criminal penalties for causing a crash while texting and driving. Drivers who harm another because of their negligence, which is what texting and driving is considered to be, may also be liable for damages the other party suffers and face a civil action.
Civil Liability for Texting While Driving Accidents
Someone whose negligence causes harm to another may be liable for damages the victim suffers. Damages, when talking about civil actions, refers to the victim’s financial losses. This could include their medical bills, rearing or replacing the damaged vehicle, lost wages from work, and pain and suffering from their injuries.
If you cause an accident while texting and driving, the other party could file a lawsuit against you. If you were the person who a distracted driver hit, then you have the right to file a suit against them to recoup your economic and non-economic (pain and suffering, emotional trauma, diminished quality of life, etc.) losses.
However, there’s a lot of legal legwork between the initial crash and getting a settlement check. We would like to think that the at-fault driver’s insurance company would do the right thing and pay the full extent of your losses, but that doesn’t always happen. In fact, many insurers will seek any reason to deny or minimize a claim, especially a high-value one. An attorney can help you pursue the compensation you deserve.
The Importance of Legal Representation If You’ve Been Hit By a Distracted Driver
Although you don’t have to have a Colorado car accident lawyer to get a settlement from the at-fault driver, legal representation can have multiple benefits. First, an experienced car accident attorney can properly value your claim, including a fair amount for your pain and suffering and loss of quality of life.
Secondly, your attorney can handle all the legal paperwork associated with your claim. This includes sending a Demand Letter to the other party, filing the lawsuit for damages, and drafting all the necessary motions to move the case forward.
Your lawyer is your advocate. They can represent you in negotiations with the other party – and even communicate with them on your behalf. You can focus on healing and recovery and comfortably refer all conversations from the other driver and their lawyer to your own attorney.
Have You Been Harmed Because Someone Was Texting and Driving?
Whether you are a pedestrian, cyclist, or another driver, the chances of suffering serious injury and life-altering consequences after being hit by a distracted, texting driver are high. We represent victims like you, helping you demand full and fair compensation from the negligent driver. Call Earl & Earl, PLLC, today for a free consultation.