Tips on winning a distracted driving accident claim in Denver
Denver, CO – Each year, distracted driving causes about 3,000 deaths on US roads. Tens of thousands of people are injured because a driver thought he was quite capable of texting their girlfriend and keeping an eye on the road.
Over the past decade, distracted driving has become one of the leading causes of car accidents in Colorado, together with speeding and driving while intoxicated. Many accident victims wonder how you can prove that a driver was distracted at the time of the crash? If you suspect that the other driver was distracted, you can do some detective work at the crash scene, but you also need to talk to an experienced car accident lawyer in Denver.
What are the three types of distracted driving?
Distractions during driving are of three types:
- Visual – when the driver takes their eyes off the road
- Manual – when the driver takes their hands off the wheel
- Cognitive – when the driver takes their mind off the road (thinking about personal problems or talking with other people in the car)
What are Colorado laws on distracted driving?
Colorado laws strictly prohibit texting while driving. Adult drivers are allowed to use cell phones for voice calls, but headphones may be worn only in one ear. No texting, no Internet browsing.
Drivers under the age of 18 cannot use a cell phone at all while driving.
There are exceptions to the rule, such as making a call to report an accident or calling the police if they feel their life may be in danger.
How hard is it to collect evidence in a distracted driving case?
There are certain types of evidence you can look for yourself, but you will definitely need help from skilled Colorado accident lawyers.
Document the scene
If you don’t require immediate medical care, call the police, remain at the crash scene, and use that time to discover whether the other driver might have been distracted.
First of all, look for their phone. If you see the phone on the seat next to the driver and the screen is still lit, there’s a good chance the driver was texting or scrolling through their social media feed.
Also, look for food and alcohol containers. The law does not prohibit eating while driving, but it may indicate the driver was distracted at the time of the crash.
Do not confront the other driver, but try to take some photos of the incriminating evidence you discover.
Talk to eyewitnesses
There’s nothing like a crash scene to get people talking. Maybe someone saw the driver texting, eating, or grooming themselves, which is another common type of distraction.
Get the witnesses’ names and contact information. Your accident lawyers could use their testimony when you file a personal injury claim.
Subpoena phone records
Your lawyers will subpoena phone records from the driver’s provider. These can show whether the driver received or made any calls shortly before the crash, information you can certainly use if you were hit by a minor.
Texting or Internet browsing is more difficult to prove. Your lawyers will check the cell phone data, which can offer information on when the phone’s screen was lit or what apps were in use. In some cases, the police may confiscate the driver’s phone if they consider it a case of distracted driving.
Check the other driver’s social media
Anything you post online is time-stamped. If the driver was posting a new photo to his Instagram story or commenting on someone’s post, the app will say exactly when they did that and you can use screenshots as evidence.
If you were recently injured in a car accident in Denver, you should contact a knowledgeable lawyer at the Bryan & Terrill law firm to see how you can recover damages.
Contact info:
333 W. Hampden Ave., #420B
Englewood, CO 80110
(720) 923-2333
