Distracted & Texting-While-Driving Accidents in Denver

Imagine driving down the road and seeing someone drinking a beer. You’d call the police right? Well distracted while driving gives you the same reaction time as an impaired driver. A quick glance at a text, a scroll through social media, or “just checking GPS” can be all it takes to cause a serious crash. In Colorado, distracted driving is one of the leading causes of collisions, and more than three-quarters of drivers admit to using their phones while driving. This page explains Colorado’s distracted driving and hands-free laws, how fault works when a driver is on their phone, and what to do if you suspect distraction caused your crash. If you were hit by a distracted driver anywhere in the Denver metro—on I-25, I-70, Colfax, Speer, Colorado Boulevard, or in Aurora, Arvada, Lakewood, or nearby—you can talk with Harding & Associates for free. Call 303-762-9500 or request a free consultation.

Why Distracted Driving Cases Are Different
Colorado’s Texting & Hands-Free Laws (Plain English)
Types of Distraction That Cause Crashes
How We Prove a Driver Was Distracted
Fault & Colorado’s Comparative Negligence Rule
Injuries and Damages in Distracted Driving Cases
Insurance, Liability & Potential Punitive Damages
Colorado Deadlines You Can’t Miss
What To Do If You Suspect the Driver Was Distracted
FAQs

Why Distracted Driving Cases Are Different

Distracted driving cases combine modern tech evidence with traditional crash reconstruction:

They often involve clear rule violations (texting, holding a phone).
Jurors and adjusters understand the risk, which can enhance settlement leverage.
Proving distraction may require phone records, app data, or telematics, not just eyewitness testimony.

According to the Colorado Department of Transportation, distracted drivers are involved in a significant share of crashes and up to 11% of traffic fatalities, with hundreds of Coloradans killed by distracted drivers in the past decade. Our role is to show not only that the driver was distracted, but how that distraction directly caused the crash and your injuries.

Colorado’s Texting & Hands-Free Laws (Plain English)

Colorado has two key layers of law in this area: the texting statute and the newer hands-free law.

Texting & Manual Data Entry – C.R.S. 42-4-239

Colorado’s texting law makes it illegal to use a mobile electronic device while operating a motor vehicle, with limited emergency exceptions. In practice, this covers:

Texting or emailing
Typing or reading messages
Manually entering data into apps

Violations are typically a traffic infraction, with fines that increase for repeat offenses and more serious penalties if distraction causes bodily injury or death.

The 2025 Hands-Free Law – “No Hand-Held Phones While Driving”

As of January 1, 2025, Colorado’s hands-free law prohibits drivers from using a mobile electronic device while driving unless they use a hands-free accessory (Bluetooth, dash mount, integrated car system, etc.). In simple terms:

You may not hold or handle your phone while driving—for any reason.
This includes voice calls, texting, social media, videos, and GPS apps.
The law applies even when you are stopped at a red light or in traffic.

Hands-free accessories (mounts, CarPlay/Android Auto, Bluetooth systems) are allowed, but all handling of the phone to start navigation or a call must be done before you enter the roadway. There are limited exceptions—for example, emergencies, certain utility and public-safety workers, and vehicles that are parked, not just stopped in traffic. Why this matters for your case: A driver who was manually using a phone in violation of these laws may be found negligent, and in serious cases, their behavior can support a claim for punitive damages.

Types of Distraction That Cause Crashes

Colorado public-safety agencies and HLAW’s own writing describe three main types of distraction:

Visual – taking your eyes off the road (reading a text, looking at a notification, watching a video).
Manual – taking your hands off the wheel (typing, scrolling, reaching for items, eating).
Cognitive – taking your mind off driving (deep conversations, intense emotions, daydreaming).

Common real-world examples include:

Texting or messaging while driving
Scrolling social media or browsing
Manually entering an address into GPS
Taking photos or videos
Reading emails or notifications
Eating, applying makeup, reaching for dropped items
Turning to interact with passengers, pets, or children

Any of these can turn a “quick glance” into a rear-end collision, intersection T-bone, or pedestrian/bicyclist impact.

How We Prove a Driver Was Distracted

Proving distraction often means going beyond the police report. Our team may use:

Cell-phone records – call logs, text timestamps, and sometimes data use patterns.
App data & telematics – connected-car systems, infotainment logs, and navigation data when available.
Traffic and security cameras – intersection cameras, business security systems, and residential doorbell footage.
Dashcam footage – from your vehicle, the other driver’s vehicle (in some fleets), or nearby cars.
Witness statements – people who saw the driver looking down, holding a phone, or drifting in their lane.
Crash dynamics – lack of skid marks or sudden steering can be consistent with a driver who never reacted.

HLAW’s own article on the distracted driver’s dilemma emphasizes how these cases often require deep evidence digging—beyond the initial ticket—to show that distraction was a primary cause of the crash.

Fault & Colorado’s Comparative Negligence Rule

Colorado uses modified comparative negligence, codified in C.R.S. § 13-21-111. In plain terms:

You can recover damages as long as your share of fault is less than 50%.
Any compensation is reduced by your percentage of fault.
If you are 50% or more at fault, you may be barred from recovery.

Example: If total damages are $200,000 and you’re found 20% at fault (for speeding, not signaling, etc.), your recovery could be reduced to $160,000. In distracted-driving cases, the other side may argue you were partially at fault (speeding, not using a crosswalk, sudden lane change). We focus on keeping your percentage as low as possible by showing how the phone use caused or worsened the crash.

Injuries and Damages in Distracted Driving Crashes

Distracted driving often leads to:

Rear-end collisions – causing neck and back injuries.
Side-impact/T-bone crashes – especially at intersections.
Pedestrian and cyclist impacts – a driver looking down never sees the person in the crosswalk.
Multi-vehicle chain reactions – on highways and busy arterials.

Common injuries include:

Concussions and traumatic brain injuries (TBI)
Neck and back injuries, herniated discs
Broken bones and joint injuries
Soft-tissue sprains and chronic pain
Internal injuries and organ damage
Psychological injuries (anxiety, PTSD)

We pursue compensation for:

Past and future medical expenses
Lost wages and reduced earning capacity
Pain, suffering, emotional distress, and physical impairment
Scarring, disfigurement, and loss of enjoyment of life
Out-of-pocket costs and property damage

Insurance, Liability & Potential Punitive Damages

Depending on the facts, compensation may come from:

The distracted driver’s liability insurance (BI coverage)
Your own UM/UIM coverage if they are uninsured/underinsured
Employer policies if the driver was on the job (delivery, sales, service calls)
In extreme cases, punitive damages when conduct is especially reckless (e.g., repeated texting at high speed or using video while driving)

Under Colorado’s fault-based system, the at-fault party’s insurer is generally responsible for medical costs, lost income, and non-economic damages caused by the crash.

Colorado Deadlines You Can’t Miss

Most distracted-driving collisions are treated as motor-vehicle accidents, so the general rule is:

Three years to file a lawsuit for bodily injury or property damage “arising out of the use or operation of a motor vehicle,” under C.R.S. § 13-80-101(1)(n).

Other types of injury claims often may have a two-year deadline, and if a public entity (e.g., a government vehicle or dangerous road condition) is involved, a separate notice—typically within 182 days—may apply under Colorado’s Governmental Immunity Act. Important: Deadlines are fact-specific and can change based on who was involved and where the crash occurred. The safest move is to speak with a lawyer as soon as possible.

What To Do If You Suspect the Driver Was Distracted

If you think phone use or another distraction contributed to your crash, these steps can be crucial:

Tell the officer at the scene what you saw (e.g., “they were looking down at their phone”).
Ask witnesses whether they noticed the driver texting, holding a phone, drifting, or not braking.
Take photos and video of the interior of the other vehicle if it’s safe and lawful to do so (e.g., phone on lap or in hand, open apps on the screen).
Note details immediately after the crash – what you saw, what you heard, whether the driver tried to hide their phone.
Get medical care and follow treatment recommendations.
Avoid social media posts about the crash or your injuries.
Call Harding & Associates so we can send preservation letters for phone records, telematics, and any available video.

Call 303-762-9500 or contact us online for a free consultation.

Related Resources

Car Accident Attorneys in Denver – overview of motor-vehicle claims and process.
Motorcycle Accidents – many distracted-driving crashes involve vulnerable riders.
Pedestrian Accidents – distracted drivers are a major risk to people on foot.
Uninsured & Underinsured Motorist (UM/UIM) Claims – when the distracted driver is uninsured, underinsured, or flees the scene.
The Distracted Driver’s Dilemma: Avoiding Legal Trouble in Denver – HLAW blog article on Colorado’s distracted driving laws.

FAQs: Distracted & Texting-While-Driving Accidents in Denver

Is it illegal to text and drive in Colorado? Yes. Colorado law prohibits using a mobile electronic device while operating a motor vehicle, which includes texting and other manual data entry. Violations can lead to fines and, if an injury or death results, misdemeanor traffic offenses with harsher penalties. What does the new hands-free law actually require? As of January 1, 2025, drivers may not hold or handle a mobile device while driving for any purpose—including calls, texts, social media, video, or GPS—unless they use a hands-free accessory (like Bluetooth or a dash mount). The rule still applies when stopped at red lights or in traffic, as outlined in Colorado’s hands-free law. Can I still win my case if no one saw the driver on their phone? Yes. Many distracted-driving cases are proved through phone records, app data, telematics, and crash dynamics, even without an eyewitness who saw the phone. The sooner a legal team can send preservation letters and request records, the better. What if I was also partly at fault (speeding, not using a crosswalk, etc.)? Under Colorado’s modified comparative negligence rule, you can usually recover if your share of fault is less than 50%, but your damages are reduced by your percentage. If you’re found to be 50% or more at fault, recovery may be barred. How long do I have to take action after a distracted driving crash? Most motor-vehicle injury cases have a three-year statute of limitations, but some claims have shorter deadlines (including government-related cases and formal notice requirements) under statutes such as C.R.S. § 13-80-101(1)(n). Because evidence fades and phone data can be lost, it’s best to contact an attorney as soon as you can.

Call To Action

If you were hurt because another driver couldn’t put their phone down, you shouldn’t have to navigate the legal fallout alone. Call Harding & Associates, P.C. at 303-762-9500 or request a free consultation today. We can review your options, preserve critical evidence, and help you pursue the compensation you need to move forward. Required Legal Notice This page is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and deadlines change and apply differently to each case; always consult a licensed Colorado attorney about your specific situation.

Additional Sources

For readers who want to dig deeper into Colorado’s distracted driving data and legal framework:

Distracted & Texting‑While‑Driving Accidents in Denver