Lakewood Distracted Driving Lawyer

When a distracted driver is the cause of a car accident that leads to serious injuries, you are entitled to seek compensation by pursuing a personal injury claim. At Mintz Law Firm, our Lakewood distracted driving attorneys can review the details of the accident and determine your legal options for pursuing financial recovery. Our firm is proud to help injured accident victims find the justice they deserve.

Causes and Consequences of Distracted Driving Accidents

Distracted driving accidents are a growing concern on Colorado roads. The causes of these accidents can be attributed to various factors, including the use of cell phones, eating or drinking while driving, talking to passengers, and engaging in other activities that divert a driver’s attention from the road. These distractions can lead to severe consequences, such as injuries, fatalities, and significant financial losses. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving accidents claim thousands of lives every year, with many more individuals injured or affected by these crashes. Understanding the causes and consequences of distracted driving is crucial for promoting safer driving behaviors and reducing the number of accidents on our roads.

What Is Considered Distracted Driving?

Distracted driving is any activity that diverts the driver’s attention from driving. There are three basic forms of distraction:

• Manual distraction: Drivers taking their hands off the steering wheel
• Visual distraction: Drivers taking their eyes off the road
• Cognitive distraction: Engaging in an activity that takes their mind off the task of driving

Some distractions (such as texting) involve an overlap of all three types of distractions and are extremely dangerous. Examples of common driver distractions include: 

• Using a cell phone
• Eating or drinking
• Talking to passengers
• Turning on the radio 
• Using voice-activated features
• Navigation systems
• Looking at billboards
• Using social media
• Grooming or putting on makeup
• Attending to a child or pet 
• Daydreaming 

It’s common for drivers who cause an accident to avoid admitting they were distracted when the accident occurred. For this reason, it’s important to have an experienced Lakewood distracted driving attorney at your side who also knows how to prove the other driver’s liability. 

The Dangers of Distracted Driving

Distracted driving is a serious threat to road safety, and its dangers cannot be overstated. When a driver is distracted, they are more likely to lose control of their vehicle, fail to obey traffic laws, and increase their stopping distance. This can lead to devastating consequences, including head-on collisions, rear-end crashes, and rollover accidents. Furthermore, distracted driving can also result in emotional trauma, pain and suffering, and long-term health consequences for victims and their families. The ripple effects of a distracted driving crash can be far-reaching, impacting not only the individuals directly involved but also their loved ones and the broader community. It is essential to recognize the dangers of distracted driving and take proactive steps to avoid engaging in such behaviors.

Colorado Distracted Driving Laws

Colorado has laws in place to prevent distracted driving and reduce the risk of accidents. Some of the key laws include:

• Texting and driving ban: Colorado has a ban on texting and driving, which prohibits drivers from texting while operating a motor vehicle. This law aims to reduce the number of distracted driving incidents caused by texting.
• Hands-free law: Colorado also has a hands-free law, which prohibits drivers from holding a cell phone while operating a motor vehicle. This law encourages drivers to use hands-free devices to minimize distractions.
• Distracted driving penalties: Drivers who are caught distracted driving can face penalties, including fines and points on their license. These penalties serve as a deterrent and encourage drivers to stay focused on the road.
• Insurance requirements: Colorado requires drivers to have insurance, which can help cover the costs of accidents caused by distracted driving. Having adequate insurance ensures that victims can receive compensation for their injuries and damages.

It’s essential to understand Colorado’s distracted driving laws and take steps to prevent distracted driving. If you or a loved one has been involved in a distracted driving accident, it’s crucial to seek the help of a distracted driving accident lawyer who can help you navigate the complex legal process and fight for fair compensation.

How to Prove the Other Driver Was Distracted

Proving distracted driving is crucial in legal cases, as it involves demonstrating that a driver's distraction led to negligent behavior that caused an accident

A successful personal injury case against a distracted driver depends on you or, preferably, your attorney’s ability to prove negligence. Establishing liability requires establishing these four elements of negligence:

Duty of Care

All drivers on the road automatically owe others around them a duty of care. Drivers are responsible for adhering to traffic laws and driving in a safe manner to prevent causing harm. Proving that the other driver owed you a duty of care is usually established by proving that they were behind the wheel at the time of the accident. 

Breach of Duty

When a driver is distracted, they’re breaching their duty of care because they’re no longer exercising reasonable care. Whether the driver was looking back at their child or talking on their phone, the moment they took their attention off the road, they violated their legal duty of care. It can be challenging to prove distracted driving as the cause of an accident, which is why the assistance of a Lakewood distracted driving attorney can be incredibly beneficial. They can help obtain the following evidence:

• Statement from the other driver
• Witness testimony 
• Cell phone records
• Photographs of the accident scene
• Video surveillance footage 
• Expert testimony 

Attorneys have the skills and resources necessary to compile evidence and present it in a way that proves the other driver is responsible and liable for damages.

Causation

As reckless and dangerous as distracted driving is, the other driver’s breach of duty isn’t enough to obtain compensation. The evidence must demonstrate that it’s more likely than not that the other driver’s actions were the cause of your injuries. Obtaining fair compensation requires proving that there is a link between the other driver’s breach of duty and the harm you suffered. 

Damages

Victims of distracted drivers can experience financial and emotional devastation as a result of the accident, making it extremely difficult to recover. This is why the legal system allows them to seek compensation through a personal injury claim from the distracted driver. Depending on the circumstance of your accident, you may be able to recover the following compensation:

• Present and future medical bills
• Rehabilitation services
• Pain and suffering
• Emotional trauma
• Lost wages or future wage-earning capacity
• Cost of repairing or replacing your vehicle
• Property damage 

In some distracted driving cases, victims may be able to recover punitive damages. Punitive damages aim to punish the person who acted in an intentional, reckless, or willful and wanton manner. For instance, you may be able to recover punitive damages if the driver is proven to have been using their cell phone at the time of the accident, which is something the driver knew was dangerous and reckless. Punitive damages are awarded on top of compensatory damages.

How Can a Distracted Driving Accident Attorney Help?

Being seriously injured by a driver who was distracted at the time of the accident can be an incredibly frustrating situation, especially if you feel uncertain of how you can prove that the other driver was indeed distracted. Handling a distracted driving car accident involves complex legal issues, making it crucial to seek legal assistance.

Fortunately, Lakewood distracted driving attorneys themselves carefully and thoroughly investigate the details of an accident. They can determine whether the driver who caused the accident was on the phone or sending texts at the time of the accident. They can also identify all contributing factors to the distracted driving accident and determine who needs to be held accountable. 

Contact Our Lakewood Distracted Driving Accident Attorneys Today

The aftermath of an accident can be just as scary and challenging as the accident itself. At Mintz Law Firm, our Lakewood distracted driving attorneys are prepared to help you navigate the process and stand up for your rights regardless of who the liable party is. The attorneys at Mintz Law Firm are proven negotiators and have successfully settled and litigated many personal injury claims. 
Our team fights to secure the best possible results for our clients, ensuring that insurance adjusters aren’t taking advantage of them during such a challenging time in their lives. Contact us to learn more about how our Lakewood distracted driving lawyers can help through our online contact form or by calling (303) 462-2999.