Driving while distracted is just as dangerous—if not more so in some circumstances—than driving while substance-impaired. Unfortunately, some forms of distracted driving are not expressly illegal under state law, making it difficult to hold a distracted driver liable for causing a wreck.
When filing suit over distracted driving car accidents in Colorado Springs, there is no substitute for guidance from a legal representative. Once retained, our skilled car wreck attorneys could take the lead in your case by gathering evidence, building a strong claim against the responsible party, and navigating legal roadblocks that could prevent you from getting the compensation you need and deserve.
How to Prove a Distracted Driver Caused a Car Crash
Like most states, Colorado expressly prohibits drivers from using a mobile communications device to read, write, or send messages while operating a motor vehicle. Since texting while driving is against the law, anyone who causes a wreck because they were distracted by their phone is undoubtedly at fault for ensuing injuries based on their illegal action, constituting a “breach of duty.”
This is just one of many ways someone could cause a car wreck by driving distracted in Colorado Springs. Other factors that frequently cause drivers to wreck into other cars on the road include the following:
- Eating or drinking
- Focusing on something away from the road, such as a billboard
- Personal grooming
- Changing the radio station or a music playlist
- Using a navigation device, like a GPS, or a phone performing the same function
- Reading a map
- Reaching for something inside the car
In these situations, it may be necessary to focus more on what distraction ended up causing a driver to do rather than the distraction itself. For example, when someone fails to yield properly because they are not paying attention, their failure to yield is just as “negligent” as driving distracted.
Possible Obstacles to Effective Civil Recovery
Even when a distracted driver is primarily at fault for causing a vehicle accident in Colorado Springs, the injured person filing suit against them could share part of the blame if they also acted negligently. Under Colorado Revised Statutes §13-21-111, the court can reduce the plaintiff’s award by their percentage of “comparative fault.” Any plaintiff who is 50 percent or more at fault for their accident cannot recover any compensation.
Additionally, C.R.S. §13-21-102.5 “caps” recovery for non-economic losses—such as physical pain, psychological distress, and lost enjoyment of life—at $642,180 for most car crash claims in 2022 or 2023 or $1,284,370 applicable in cases where the plaintiff sustained life-altering injuries. A knowledgeable and seasoned legal professional can provide vital assistance with understanding how these laws work and making sure they do not unfairly impact the plaintiff’s financial recovery.
Speak With a Capable Colorado Springs Attorney About a Possible Distracted Driving Car Accident Claim
Distracted drivers cause far too many wrecks around Colorado every year, many of which have devastating repercussions for everyone involved. When someone else’s distracted driving leaves you suffering from serious injuries, you can take legal action against them to protect your short-term and long-term best interests.
Our dedicated legal professionals provide assistance from start to finish of your legal proceedings. Call us today to discuss your options following a distracted driving car accident in Colorado Springs.