A distracted driver can cause a serious crash in seconds by looking at a phone, adjusting a navigation system, eating, or taking their attention off the road. If you were injured by a distracted driver in Colorado Springs, Colorado, Kimball Injury Law, LLC can help you pursue compensation for your medical bills, lost income, pain and suffering, and other damages.
Call (719) 357-9444 today for a free consultation with a Colorado Springs distracted driving accident lawyer.
How Can Kimball Injury Law, LLC Help After a Distracted Driving Accident in Colorado Springs, CO?
Distracted driving accident claims can become complicated when the other driver denies using a phone or disputes responsibility for the crash. Kimball Injury Law, LLC can investigate the circumstances surrounding the collision and gather evidence to help establish how the accident occurred.
Founding attorney Jake Kimball has more than 20 years of legal experience, including nearly a decade representing insurance companies. That background gives him insight into how insurers evaluate accident claims and look for reasons to minimize payments. Clients also work directly with their attorney throughout their cases.
A Colorado Springs personal injury attorney from our firm can help by:
- Investigating the accident
- Obtaining police reports and available crash evidence
- Reviewing photographs and video footage
- Seeking phone records when appropriate
- Interviewing witnesses
- Documenting your injuries and financial losses
- Handling communications with insurance companies
- Negotiating for a fair settlement
- Preparing your case for trial when necessary
Our Colorado Springs car accident lawyer handles injury claims on a contingency fee basis, meaning you do not pay attorney’s fees unless we recover compensation for you.
What Is Distracted Driving?
Distracted driving occurs whenever something takes a driver’s attention away from safely operating a vehicle. Distractions are often grouped into three categories: visual, manual, and cognitive.
A visual distraction causes a driver to take their eyes off the road. A manual distraction requires taking one or both hands away from the steering wheel. A cognitive distraction takes the driver’s mind away from the task of driving. Some activities, such as texting, can involve all three types at the same time.
Common examples of distracted driving include:
- Texting or reading messages
- Holding or using a cell phone
- Checking social media
- Entering information into a GPS
- Watching videos
- Eating or drinking
- Adjusting music or vehicle controls
- Talking with passengers
- Reaching for objects inside the vehicle
- Grooming or applying makeup
- Becoming distracted by something outside the vehicle
Even a brief lapse in attention can prevent a driver from noticing slowing traffic, a red light, a pedestrian, or another roadway hazard.
What Does Colorado Law Say About Cell Phone Use While Driving?
Colorado has restricted the use of mobile electronic devices while driving. Under the state’s hands-free law, drivers generally cannot hold or manually use a mobile electronic device while operating a motor vehicle.
Prohibited conduct can include holding a phone, watching a video, or writing, sending, or reading text-based communications. The law contains exceptions, including certain emergency situations and some hands-free uses.
A traffic citation and a personal injury claim are separate matters. Even if a distracted driver is not ticketed, evidence of distraction may still be relevant when determining whether the driver acted negligently and caused an accident.
How Can You Prove a Driver Was Distracted?
Distracted driving is not always obvious after a crash. A driver may deny texting, using an app, or otherwise looking away from the roadway. A Colorado Springs car accident attorney may therefore investigate several potential sources of evidence.
Depending on the circumstances, useful evidence could include:
- Cell phone records
- Text or messaging records
- Witness statements
- Traffic camera footage
- Dashcam recordings
- Surveillance video from nearby businesses
- Photographs from the accident scene
- Vehicle data
- Police reports
- Statements made by the other driver
Evidence should be preserved as quickly as possible. Some electronic records or video footage may become difficult to obtain over time.
What Injuries Can Distracted Driving Accidents Cause?
A distracted driver may fail to brake before impact or take evasive action, increasing the risk of significant injuries.
Victims may suffer:
- Traumatic brain injuries
- Concussions
- Neck and back injuries
- Spinal cord injuries
- Broken bones
- Shoulder and knee injuries
- Internal organ damage
- Lacerations
- Soft tissue injuries
- Permanent disabilities
Some injuries may not produce immediate symptoms. Seeking medical attention after a collision can protect your health and provide documentation of your injuries and treatment.
What Compensation Is Available After a Distracted Driving Accident?
If another driver’s negligence caused your accident, you may be entitled to compensation for the losses resulting from the crash. The amount available depends on the severity of your injuries, your financial losses, insurance coverage, and other circumstances.
Potential damages may include:
- Past and future medical expenses
- Rehabilitation expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Loss of enjoyment of life
A Colorado Springs personal injury lawyer can review your damages and help determine the value of your claim rather than relying solely on an insurance company’s initial assessment.
How Long Do I Have To File a Distracted Driving Accident Lawsuit in Colorado?
Colorado generally gives injured people three years to file lawsuits arising from the use or operation of a motor vehicle. Missing the applicable statute of limitations can prevent you from recovering compensation through the courts.
However, deadlines can vary depending on the facts of a case. Claims involving government entities, minors, or other unusual circumstances may involve additional rules or notice requirements.
Speaking with an attorney soon after an accident can help you determine the applicable deadline while important evidence is still available.
Contact a Colorado Springs Distracted Driving Accident Lawyer for a Free Consultation
A distracted driving accident can leave you dealing with painful injuries, medical expenses, lost income, and pressure from insurance companies. You do not have to handle the claims process by yourself.
Kimball Injury Law, LLC can investigate what caused your crash, gather evidence of distraction, calculate your damages, and pursue compensation from the responsible party. Contact us today to schedule a free consultation with a Colorado Springs distracted driving accident attorney and learn more about your legal options.
