Colorado Springs Distracted Driving Accident Lawyer

As of January 1, 2025, Colorado law prohibits drivers from holding or manually using a mobile phone while driving under Senate Bill 24-065. Drivers of all ages must now use a hands-free accessory, and the ban covers holding a phone, texting, and watching video behind the wheel. The change closed a gap in the old law, which had focused mainly on texting and on younger drivers.

The penalties escalate with each offense. A first violation carries a $75 fine and two points against the driver’s license, a second within two years brings a $150 fine and three points, and a third or later offense means a $250 fine and four points. A first-time violator can have the charge dismissed by showing proof of a hands-free accessory. For your injury claim, the key point is simpler: a driver who was holding a phone at the time of a crash was breaking the law, and that can be powerful evidence of negligence.

Safety researchers group distraction into three kinds, and phone use is dangerous because it involves all three at once:

• Visual distraction, taking the eyes off the road
• Manual distraction, taking the hands off the wheel
• Cognitive distraction, taking the mind off driving

Beyond phones, common distractions include eating, grooming, adjusting the radio or climate controls, entering a destination into GPS, and turning to talk with passengers. Any of them can cause a driver to miss a stopped car, a red light, or a person in a crosswalk.

A distracted driver reacts late or not at all, which is why these crashes are so often high-speed rear-end collisions, failure-to-yield crashes at intersections, and pedestrian and bicycle strikes. The injuries tend to be serious, from whiplash and back injuries to concussions and worse, because the at-fault driver never had the chance to brake.

Distraction is often hidden, so proving it takes work and speed. The Law Giant builds the case with:

• Phone and cellular records showing use at the time of the crash
• The police report and any citation issued at the scene
• Witness statements describing the driver’s behavior
• Traffic camera and nearby business surveillance footage
• Vehicle data and, where needed, accident reconstruction

A citation under Colorado’s hands-free law can strengthen your case, but it is not required. We can prove a driver was negligent even when no ticket was written, as long as the evidence shows they were not paying attention.

Because a distracted driving crash is a motor vehicle accident, Colorado generally gives you three years from the date of the collision to file a lawsuit (C.R.S. 13-80-101(1)(n)). Colorado’s modified comparative negligence rule also applies, so you can recover as long as you were less than 50 percent at fault, with your award reduced by your share of the blame (C.R.S. 13-21-111).

You may be entitled to recover medical bills, future care, lost wages and earning capacity, property damage, and pain and suffering. As with any Colorado injury claim, economic losses like medical costs are not capped, while noneconomic damages are subject to the state cap. We value every category so your claim reflects the full impact of the crash.

We move quickly to preserve phone records and camera footage before they are gone, handle every conversation with the insurance company, and build a clear picture of how the distracted driver caused your injuries. You pay nothing unless we win, and your consultation is free.

The best evidence in a distracted driving case is also the evidence that disappears fastest. Cell phone data may be overwritten or deleted, surveillance footage from nearby businesses is often erased within days or weeks, and witnesses forget details as time passes. The sooner a lawyer gets involved, the sooner we can send preservation letters, request records, and lock down the proof that shows the other driver was not watching the road. Waiting can cost you the very evidence your case depends on.

This page is part of our Colorado Springs car accident practice. We also handle drunk driving, rear-end, and hit-and-run crashes.