How Can I Pursue Compensation for a Distracted Driving Accident?

 Posted on November 10, 2020 in Car Accident

According to estimates from the National Highway Traffic Safety Administration (NHTSA), driver distraction was a factor in 8 percent of fatal car accidents and 15 percent of injury accidents in 2018, affecting more than 400,000 people in total. If you or a loved one has been injured in a motor vehicle collision, there is a significant chance that some form of distracted driving was involved. The good news is that you can often use this as evidence of another driver’s negligence as you seek compensation through a personal injury claim.

Examples of Distracted Driving

The primary example of distracted driving that may come to mind, and the only one that is specifically restricted under Colorado law, is the use of a cell phone while behind the wheel. Sending a text message or otherwise reading or typing a message on a phone is especially dangerous, as it can remove a driver’s eyes and attention from the road for several seconds at a time.

However, in its research, the NHTSA has identified a wide variety of other factors that can cause a distraction while driving. These include:

• Adjusting radio or temperature controls in the vehicle

• Reaching for an object

• Eating or drinking

• Other occupants of the vehicle, including passengers and pets

• Events outside of the vehicle

• Inattentiveness and daydreaming

Anything else that causes a driver to take his or her eyes or attention off of the road or the task of driving can also be considered a distraction.

Colorado Personal Injury Claims Against Distracted Drivers

The legal penalties for distracted driving in Colorado are relatively minor, and typically only apply to text messaging, or other forms of cell phone use if the driver is under the age of 18. If you have been injured in an accident due to the negligence of a distracted driver, the best way to hold him or her accountable is to file a personal injury lawsuit pursuing compensation for your damages. Hiring an attorney soon after your accident often gives you the best chance of success.

Evidence of negligence is key in a personal injury case, and in a distracted driving crash, a skilled attorney may be able to uncover evidence of a driver’s cell phone use in the form of police reports, video footage of the crash, and even the driver’s mobile phone records. For other types of distractions, witness testimony from passengers can be especially important. 

Contact a Ft. Collins Car Accident Attorney

At Hoggatt Injury Law, our knowledge and experience allow us to recognize many different forms of driver negligence, including distracted driving. We will help you collect the evidence necessary to make a strong case for the compensation you deserve for your damages. Call our qualified Larimer County personal injury lawyers today at 970-225-2190 to schedule a free consultation.

Sources:

https://www.nhtsa.gov/risky-driving/distracted-driving

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812926

https://leg.colorado.gov/content/distracted-driving-and-cell-phone-use