Proving Distraction Under Colorado’s Hands-Free Law

Colorado’s hands-free law appears to be making a real difference. But after a crash, the real question is proof.

According to the Colorado Department of Transportation, a one-year analysis by Cambridge Mobile Telematics found that distracted driving in Colorado declined 4.7% from 2024 to 2025 and dropped 8.3% in the first month after the law took effect. CMT estimated that this reduction helped prevent nearly 600 crashes, more than 400 injuries and six fatalities statewide. (Colorado Department of Transportation)

That is good news for everyone on Colorado roadways.

But for someone who has already been injured in a crash, the question is not only whether Colorado’s hands-free law is helping. The question is: How do you prove that the driver who hit you was distracted?

At The O’Sullivan Law Firm, we have seen how quickly a distracted driving crash can change someone’s life.

That’s why Scott spent seven years working alongside families, safety advocates, and his own sons, who stepped up in a big way, to help get this legislation passed.

We have also seen how quickly insurance companies look for ways to minimize what happened. A driver may deny using the phone. Witnesses may not have seen the phone in the driver’s hand. The police report may not say “distracted driving,” even when the evidence suggests it.

So proving distraction can be quite difficult.

The Real Impact of Colorado’s Hands-Free Law

Colorado’s hands-free law took effect on January 1, 2025. Under the law, drivers may not hold or handle a cellphone while driving. CDOT explains that drivers cannot touch or handle their phones even while stopped at traffic signals, and that calls must be made hands-free.

The law is simple in concept: if you are behind the wheel, your hands should not be on your phone.

Colorado’s law also goes beyond texting. It applies to holding or manually using a phone or other mobile device while driving, stopped in traffic or sitting at a stoplight. Drivers may still use hands-free accessories, and there are exceptions for emergencies and certain workers.

A Safer Law Does Not Prove Your Case

The hands-free law helps set a clear standard for driver behavior. But after a crash, an injured person still has to prove what happened.

That can be harder than people expect.

A driver who was on the phone may not admit it. They may say they were looking at the road. They may say they only glanced down for a second. They may say they were using GPS, changing music or answering a hands-free call. In some cases, they may simply deny using the phone at all.

Distracted driving is also underreported. CDOT has noted that distracted driving crashes can be difficult to identify because officers often rely on drivers or witnesses to report that distraction was involved.

That matters because the police report is an important piece of the evidence. If the officer did not see the phone, and if the other driver did not admit to using it, the report may not fully reflect what caused the crash.

This is where a serious investigation becomes necessary.

Key Evidence Used to Prove Distracted Driving

Distracted driving cases are built from details. Sometimes one piece of evidence tells the story. More often, the case comes from several pieces fitting together.

Important evidence may include:

Phone Records

Phone records can help show whether a driver was making a call, receiving a call or using data around the time of the crash. These records may not show everything, especially app activity, but they can be an important starting point.

Texts, App Use and Digital Activity

Depending on the facts of the case, lawyers may look for evidence of texting, messaging, navigation use, social media activity or other app activity. In serious cases, this kind of evidence can be critical.

Witness Statements

A nearby driver, pedestrian, passenger or cyclist may have seen the driver looking down, holding a phone or drifting before impact. Witnesses can disappear quickly after a crash, so it is important to identify them early.

Dash Cam or Traffic Camera Footage

Video can be powerful. It may show the driver’s head position, lane drift, delayed braking, failure to react or phone use before the crash. Nearby businesses, homes, buses, rideshare vehicles and delivery vehicles may also have cameras.

Vehicle Data

Modern vehicles can contain information about speed, braking, acceleration, steering and other activity before a crash. This data can help show whether a driver failed to react until it was too late.

Crash Reconstruction

In serious injury cases, we often call on experts to analyze the scene, vehicle damage, braking distance, roadway conditions, timing and impact angles. This can help explain whether the driver had enough time to avoid the crash if they had been paying attention.

The Driver’s Behavior After the Crash

Sometimes a driver’s first comments matter. They may say, “I never saw you,” or “I looked down for one second.” Those statements can become important evidence later.

Why “I Never Saw Them” is Not a Valid Excuse

After a crash, distracted drivers often say they never saw the person they hit.

In many cases, “I never saw them” may actually support the idea that the driver was not paying attention. Drivers have a duty to watch the road, scan for hazards, obey traffic signals, follow at a safe distance and keep control of their vehicles.

That duty matters whether the victim was another driver, a motorcyclist, a bicyclist, a pedestrian or someone stopped in traffic.

A distracted driver may not intend to hurt anyone. But personal injury law is not about intent. It is about responsibility. If a driver chooses to look away from the road and causes a crash, they can be held accountable for the harm that follows.

How Distraction Impacts the Value of Your Claim

Proving distracted driving can affect a case in several ways.

First, it can help establish fault. If the other driver was holding or using a phone in violation of Colorado law, that fact may help show negligence.

Second, it can help push back against excuses. Insurance companies often argue that crashes are unavoidable, that the injured person stopped suddenly, that visibility was poor or that the driver had no time to react. Evidence of distraction can change that conversation.

Third, it can help explain the severity of the crash. Distracted drivers may brake late, fail to brake at all, drift into another lane, run red lights or strike people in crosswalks because they never reacted in time.

Finally, it can help show that the crash was preventable! Many injured people are not just dealing with medical bills. They are dealing with the frustration of knowing that their injury did not have to happen.

Steps to Take if You Suspect a Distracted Driver

If you were injured in a crash and suspect the other driver was distracted, take these steps if you are physically able:

1. Call 911 and Report the Crash

Make sure law enforcement knows you suspect distracted driving.

2. Look for Witnesses

Ask for names and contact information from anyone who saw the crash.

3. Take Photos and Video

Photograph the vehicles, road, intersection, traffic lights, skid marks, debris, injuries and anything else that may matter.

4. Notice Nearby Cameras

Businesses, homes, buses, traffic systems and other vehicles may have recorded the crash.

5. Get Medical Care ASAP

Some injuries are obvious right away. Others get worse over hours or days. Get checked out even if you feel “fine.”

6. Do Not Give a Recorded Statement to the Insurance Company

Insurance adjusters may sound helpful, but their job is to protect the insurance company.

7. Talk to a Lawyer Early

Video can be deleted, witnesses can become hard to find and vehicles can be repaired before important evidence is preserved.

Protecting Your Rights After a Preventable Accident

Colorado’s hands-free law is a step in the right direction. Fewer distracted drivers means fewer preventable crashes, fewer injuries and fewer families getting life-changing phone calls.

But when a distracted driver does cause a crash, the injured person still has to protect their claim.

That is where The O’Sullivan Law Firm can help.

Our firm intentionally keeps its case count low so one of our lawyers can give each case the attention it deserves. We investigate what happened, preserve evidence, work with experts when needed and build the case around the full value of what was taken from the client’s life and how it might affect their future.

If you believe the driver who hit you was distracted, do not assume the truth will come out on its own.

Call or text us at 303-388-5304 to talk to a Colorado personal injury lawyer for free.