Distracted driving is one of the leading causes of car accidents in Denver and across the country. Every year, drivers who take their eyes off the road, hands off the wheel, or minds off driving cause serious injuries and fatalities. If you or a loved one has been involved in an accident caused by a distracted driver, you must know your rights and the legal help available.
At Levine Law, our Denver car accident lawyer is dedicated to helping accident victims recover compensation and hold negligent drivers accountable. With decades of experience, we’re here to fight for you.
What Constitutes Distracted Driving?
Distracted driving is any activity that diverts a driver’s attention from safely operating a vehicle. These distractions fall into three main categories:
Cognitive Distractions
These occur when a driver’s mind is not focused on driving. For example, daydreaming or being preoccupied with thoughts can reduce reaction times and awareness.
Manual Distractions
This type involves taking your hands off the wheel, such as eating, adjusting the radio, or reaching for an item in the car.
Visual Distractions
Looking away from the road, like glancing at a phone screen, reading a text, or rubbernecking at an accident, is a visual distraction that can lead to crashes.
Each type of distraction reduces a driver’s ability to react to sudden changes, increasing the likelihood of an accident.
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Common Examples of Distracted Driving
Distracted driving comes in many forms, and even seemingly harmless actions can have serious consequences. Here are seven common examples:
- Texting or using a smartphone: One of the most dangerous distractions, as it involves cognitive, manual, and visual attention.
- Talking on the phone, even hands-free: While hands-free devices reduce manual distraction, they still require cognitive focus.
- Eating or drinking: A quick snack can result in spilled food or dropped items, pulling attention away from the road.
- Adjusting controls: Changing the radio station, climate controls, or GPS can take your focus away.
- Talking to passengers: Conversations can divert attention, especially with children or rowdy passengers in the car.
- Personal grooming: Activities like applying makeup or fixing hair while driving can lead to disastrous outcomes.
- Reaching for items: Whether it’s grabbing something from the backseat or floor, this action combines manual and visual distraction.
Colorado Laws on Distracted Driving
Colorado takes distracted driving seriously, especially texting and driving. State laws prohibit drivers under 18 from using a phone while behind the wheel for any reason. For adult drivers, texting while driving is illegal unless it’s a genuine emergency.
Penalties for distracted driving include fines, points on your license, and increased insurance premiums. These laws aim to reduce accidents caused by distracted drivers, but they can only do so much. Victims of these accidents often face significant hardships, making it vital to pursue justice through legal action.
How Distracted Driving Leads to Serious Accidents
Distracted driving compromises safety in several ways:
- Delayed Reaction Times: A distracted driver may not notice a sudden stop or obstacle in time to avoid a collision.
- Reduced Focus: When attention is divided, drivers are more likely to make mistakes, like veering out of their lane.
- Real-World Scenarios: Imagine a driver sending a text while approaching a crosswalk. They may not see a pedestrian crossing until it’s too late, leading to devastating consequences.
These factors explain why distracted driving is so dangerous and why victims deserve justice.
Injuries Associated with Distracted Driving Accidents
Accidents caused by distracted drivers often result in severe injuries, including:
Whiplash
Whiplash can leave you with lingering neck pain and stiffness, making it difficult to perform simple tasks like driving, working, or even turning your head. This injury often requires physical therapy and can disrupt your ability to enjoy everyday activities.
Fractures
Broken bones from a crash can result in weeks or months of immobility, preventing you from working or managing household responsibilities. Severe fractures may require surgery or ongoing therapy, leaving you with long-term limitations in mobility or strength.
Brain Trauma
A concussion or traumatic brain injury (TBI) can affect your memory, concentration, and ability to make decisions. These effects can interfere with your job, relationships, and quality of life. Severe brain trauma may lead to permanent cognitive or physical disabilities, requiring lifelong care.
Internal Injuries
Damage to internal organs from a collision can be life-threatening and often requires emergency surgery. Even after recovery, you may face ongoing health issues or dietary restrictions that change your lifestyle.
Many victims also face long-term consequences like chronic pain, limited mobility, or permanent disabilities. These injuries require extensive medical care and rehabilitation, underscoring the need for fair compensation.
The Legal Process for Distracted Driving Accident Cases
If you’ve been injured in an accident caused by a distracted driver, you’ll need to handle the legal process to seek compensation. Here’s how a typical case unfolds:
Filing a Claim
This begins with notifying the at-fault driver’s insurance company about the accident.
Discovery and Evidence Collection
Evidence like phone records, witness statements, and accident reports are critical in proving the driver was distracted.
Court Proceedings
If a settlement cannot be reached, the case may go to court, where a judge or jury will decide the outcome.
Our car wreck attorney near me at Levine Law is here to guide you through every step, ensuring that your case is built on strong evidence.
Challenges Victims Face in Distracted Driving Cases
Victims often encounter several obstacles, such as:
- Proving Distraction: Without clear evidence, like a phone record or video footage, it can be challenging to show the driver was distracted.
- Negotiating with Insurance Companies: Insurers may downplay your injuries or try to minimize their payout.
These challenges highlight the importance of working with a Denver distracted driving car accident lawyer who knows how to handle these cases effectively.
Why You Need a Denver Distracted Driving Car Accident Lawyer
Having a skilled distracted driving car accident attorney in Denver, CO, on your side can make all the difference. At Levine Law, we understand the challenges of distracted driving cases and work tirelessly to help clients secure fair compensation. Our services include:
- Investigating the accident thoroughly.
- Collecting and preserving evidence.
- Negotiating with insurance companies on your behalf.
As a no-win, no-fee distracted driving car accident lawyer in Denver, we ensure you won’t pay us unless we recover compensation for you.
Determining Liability in Distracted Driving Accidents
Liability in distracted driving cases often falls on the driver, but there are situations where others may also be responsible:
- Driver Negligence: When a driver’s distraction causes an accident, they are legally liable for the damages.
- Employer Liability: If the distracted driver was operating a commercial vehicle, their employer might share responsibility.
Our best distracted driving car accident lawyer in Denver explores all avenues to ensure you receive the compensation you deserve.
Compensation Available for Accident Victims
Victims of distracted driving accidents may be entitled to both economic and non-economic damages, including:
Medical Bills
Compensation will cover your medical treatment, medications, hospital stays, and any other treatment required for your injuries.
Lost Wages
If you cannot return to work for any amount of time, whether for days, months, or indefinitely, due to your injuries, you can recover the income you’ve lost.
Pain and Suffering
Non-economic damages are designed to cover the emotional impact of an accident, including stress, anxiety, and a diminished quality of life.
These damages provide financial relief and acknowledgment of the hardships victims endure.
How Levine Law Supports Accident Victims
At Levine Law, we’re committed to standing by your side throughout the legal process. Here’s how we help:
- Comprehensive Case Evaluation: We assess your case in detail to identify all possible avenues for compensation.
- Dedicated Advocacy: Our team fights to hold distracted drivers accountable for their actions.
- Client-Focused Service: We prioritize your needs and work tirelessly to secure the best possible outcome.
With years of experience, our Denver auto accident lawyer team has built a strong reputation for helping clients move forward after devastating accidents.
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Contact Our Denver Distracted Driving Car Accident Lawyer
If a distracted driver has injured you or someone you love, it’s crucial to take action. The team at Levine Law is here to help you seek justice and secure the compensation you deserve.
Call us today to schedule a free consultation with a top-rated car accident lawyer in Denver. Don’t wait—reach out now and let us help you on the path to recovery.