Denver Distracted Driving Attorney

At Mintz Law Firm, our Denver texting and driving accident attorneys bring over 300 years of combined legal experience and a track record of recovering more than $20 million for injured clients since 2016. We understand the physical, emotional, and financial toll these accidents take on victims and their families, and we are committed to helping you pursue the full compensation you are owed. 

What Is Distracted Driving?

Distracted driving occurs any time a driver takes their eyes off the road, their hands off the wheel, or their attention away from driving. While texting is among the most dangerous forms of distraction, the behavior extends to a wide range of activities that compromise a driver's awareness. As one of the most preventable forms of auto accident cases, texting and driving crashes carry a strong basis for legal action. 

Colorado law explicitly prohibits manually typing, sending, or reading text messages while operating a vehicle, establishing a clear standard of negligence when a driver violates this rule. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,208 lives in 2024, underscoring just how deadly this behavior is on public roads. Understanding the full scope of distracted driving matters because it shapes how our attorneys investigate and build your case.

Distracted driving commonly includes behaviors such as:

• Texting or using a phone while driving
• Checking or adjusting GPS navigation
• Adjusting the stereo settings or music playlist
• Eating or drinking
• Interacting with passengers
• Reaching into the glove compartment or back seat
• Playing with a pet in the vehicle

Drivers who engage in any of these activities while operating a vehicle can be held liable when their inattention leads to a crash. Our team examines every detail of the circumstances leading up to your accident to identify and document all forms of distraction present.

Colorado's Laws on Texting and Driving

Colorado law prohibits all drivers from manually texting while operating a vehicle. Drivers 18 and older may use their phones in a hands-free capacity, while drivers 18 and younger are prohibited from any cell phone use behind the wheel. Violations are classified as primary offenses, meaning law enforcement can issue a citation the moment they observe the behavior.

Penalties for texting and driving escalate with repeat violations and can include fines starting at $300, points assessed to a driver's record, required distracted driving education programs, and enhanced consequences when the behavior contributes to a crash or reckless driving incident. When an at-fault driver faces these consequences, they will often attempt to shift blame or downplay their role in the accident. Our attorneys are prepared for these tactics and know how to counter them effectively.

How We Prove Distracted Driving

Building a strong texting-and-driving case requires a thorough investigation and compelling evidence. Our legal team employs a range of strategies to establish that the other driver was distracted at the time of the collision.

Cell phone records are among the most powerful tools available, as they provide a detailed timeline of calls made, texts sent, and data accessed, which can be matched to the exact time of your accident. Police reports may also reflect an officer's initial fault assessment, particularly if you reported observing the driver on their phone before the crash. 

Witness statements, surveillance footage, and dash-cam recordings can provide additional documentation, while accident reconstruction professionals can demonstrate how a driver's lack of attention contributed to the accident. Our distracted driving accident attorneys pursue every available avenue to establish negligence and strengthen your claim.

Injuries Commonly Seen in These Accidents

Texting and driving accidents frequently result in severe injuries because drivers are often traveling at full speed without any awareness of the impending impact. Victims commonly sustain traumatic brain injuries, spinal cord damage, broken bones, internal bleeding, and soft tissue injuries that require extensive treatment and long-term rehabilitation. The financial burden that follows can be overwhelming, with medical bills, lost income, and ongoing care costs accumulating quickly.

The full picture of your losses matters when calculating what you are owed. Our attorneys account for all current and anticipated future expenses when pursuing compensation on your behalf, including medical treatment, lost wages, diminished earning capacity, pain and suffering, and loss of enjoyment of life. In cases where a driver's conduct was particularly outrageous, punitive damages may also be available under Colorado law.

Comparative Negligence and Your Claim

Colorado follows a modified comparative negligence standard, which means your compensation is reduced in proportion to any fault assigned to you for the accident. For example, if a jury determines that you were 10% responsible because you were speeding, your total damages award would be reduced by 10%. As long as your share of fault remains below 51%, you retain the right to recover compensation.

This framework means that the insurance company will look for any reason to assign blame to you. Our attorneys at Mintz Law Firm are skilled at countering these arguments, preserving the full value of your claim, and ensuring that the other driver's negligence remains the central focus. After a rear-end collision or any other crash caused by a texting driver, the sooner you contact us, the sooner we can begin collecting evidence before it disappears.

Contact Mintz Law Firm for a Free Consultation

The attorneys at Mintz Law Firm are committed advocates for accident victims throughout Denver and across Colorado. Our team has the experience, resources, and dedication necessary to take on even the most complex distracted driving cases and fight for the outcome you deserve. We work on a contingency fee basis, meaning that you pay no fees unless we win your case.