Cell phone use while driving is one of the leading causes of auto accidents in Colorado. Texting or talking on the phone can take a driver’s attention away from the road, resulting in an auto accident within seconds. Here, we’ll go over the dangers of distracted driving, the different types of distracted driving, the penalties for cell phone use in Colorado, and how a car accident lawyer can help if you’re involved in an auto accident that was caused by a distracted driver.
What is Distracted Driving?
Distracted driving is any type of activity that takes a driver’s mind, hands, or focus off of the road. This can include:
- Talking on the phone
- Sending or reading a text message
- Writing or reading an email
- Watching a video
- Adjusting the controls on the radio or a GPS device
- Talking to another person in the vehicle
- Daydreaming
- Eating and drinking
- Applying makeup
- Searching for something in the vehicle
Unfortunately, distracted driving is one of the most common causes of auto accidents all over the country.
What are the Different Types of Distracted Driving?
Different types of distracted driving include:
Visual Distraction
Visual distractions occur when a driver is not looking at the road. This can involve activities such as sending or reading a text, writing or reading an email, or watching a video. Visual distractions are the primary cause of distracted driving accidents.
Cognitive Distraction
Cognitive distraction means a driver’s attention is not completely on the road. The driver may be looking for an address or a place to eat, or even daydreaming.
Manual Distraction
Manual distractions involve drivers taking their hands off the steering wheel. This can occur when a driver is adjusting the controls on the radio, reaching to pick something up that they dropped, or eating while driving.
What is the Most Common Cause of Car Accidents in Colorado?
Because cell phone use is the most common cause of auto accidents in Colorado, Governor Jared Polis signed Senate Bill 65, in an effort to reduce the number of distracted driving accidents in the state.
What is the SB 65 Mobile Electronic Devices & Motor Vehicle Driving Law?
A new law in Colorado regarding cell phone use while driving takes effect on January 1, 2025. Senate Bill 24-065 is designed to reduce distracted driving accidents. The law prohibits cell phone use while driving, with the exception of emergency situations.
When this law takes effect, a driver will be prohibited from:
- Holding a mobile device in their hand while driving
- Writing, reading, or sending text-based messages, including emails and texts, unless messages are converted from voice-based communication.
Under the new law, law enforcement is not able to pull over a driver for cell phone use unless the officer sees them using their phone in a “manner that caused the motorist to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances.”
What Are the Penalties for Violating Colorado’s New Law?
If a driver violates Colorado’s new law they will be faced with:
- A $75 fine and a $10 surcharge for the first offense
- A $150 fine and a $10 surcharge for a second offense that occurs within 24 months
- A $250 fine and a $10 surcharge for a third or subsequent offense within 24 months
Under this law, drivers can still make calls using a hands-free accessory. Additionally, drivers can still use their cell phones while controlling their vehicle if they’re reporting an emergency or their vehicle is parked. Utility contractors and first responders responding to an emergency are exempt.
How Can a Car Accident Lawyer Help Me with My Claim After a Distracted Driving Accident?
If you were involved in a car crash that was caused by a distracted driver, a car accident lawyer can help you with your accident claim in a number of ways, including:
- Investigating the accident
- Gathering evidence
- Consulting with experts
- Calculating damages
- Handling all communication with the insurance company
- Negotiating with the insurance company for a fair settlement
- Filing a lawsuit, if necessary
- Representing you in court
At the Law Firm of Jeremy Rosenthal, our car accident lawyers can help you recover compensation if you were injured in an accident that was caused by a distracted driver. Our legal team knows how to investigate this type of accident and what evidence to gather, including cell phone records, to prove negligence and your demand for compensation. During this challenging time, while you focus on your recovery and moving forward with your life, an experienced car crash lawyer on our legal team will fight for the settlement you deserve for an accident that was not your fault.
Contact Us Today
If you were involved in an auto accident that was caused by a distracted driver, a car accident lawyer at the Law Firm of Jeremy Rosenthal can help. Contact us today to schedule a free consultation with an experienced car accident attorney on our legal team to learn more.
