Every person who drives a motor vehicle in Colorado has a duty under the law to always keep their full focus on the road and other people around them while their vehicle is in motion. Unfortunately, it is far from uncommon for drivers to become distracted by texting while driving, even despite new laws prohibiting this exact behavior.
Someone who causes a car crash because they were looking at their phone instead of their surroundings can generally be held financially liable for any ensuing harm that results. If you were caught up in a texting while driving car accident in Longmont recently, talking to a skilled attorney about your legal options should be a top priority.
No matter what specific reckless or careless act leads to a motor vehicle collision, any ensuing civil litigation generally revolves around proving that someone’s irresponsible conduct directly caused injuries. In Colorado, every driver is prohibited by law from reading, sending, or writing text messages on any electronic communication device. Drivers under 18 and those who only have a learner’s permit are barred from using cell phones at all while driving. Even if texting while driving was not illegal, though, it would still constitute a breach of the duty every driver has to act reasonably and safely by paying attention to their surroundings.
Either way, texting behind the wheel could absolutely serve as solid grounds for a car claim in Longmont, since it is a textbook example of reckless behavior that puts other people on and around public roads at risk. A knowledgeable local attorney could explain how these legal principles work in further detail during an initial consultation.
Sometimes, proving that someone else caused a crash because they were texting instead of focusing on the road is as simple as looking at the police report filed at the accident scene. This report may include a citation for distracted driving issued by the responding police officer, which would serve as evidence of fault. In other situations, proving that someone was texting while driving may require additional documentary and testimonial evidence such as subpoenaed cell phone records, dashcam or surveillance camera footage, and eyewitness reports. Experienced legal counsel could play a crucial role in collecting and incorporating this evidence into a comprehensive claim.
Through a successful claim following a texting while driving auto accident in Longmont, an injured crash victim could recover for objective losses like medical bills and car repair bills and for subjective forms of harm like physical pain from injuries. However, there are caps established under state law on non-economic damage recovery, which a car accident lawyer could explain further if applicable.
Demanding fair financial compensation after a car wreck caused by a texting driver can be more complicated than it might seem at a glance. While texting behind the wheel is a clear-cut example of legally actionable negligence, effectively proving fault for a crash based on that behavior and recovering for all resulting damages can be tricky without guidance from a legal professional.
Texting while driving car accidents in Longmont are often much easier to handle with the assistance of a committed auto accident lawyer. Get in touch with our office today to learn more about what we could do for you.
