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It seems like we read about texting and driving accidents every day. I heard a story last April that made me mad and deeply sad at the same time. A California teenager was texting while she was driving, and ended up rolling her car three times, but survived with just scrapes and bruises. And yet, one year later, she again texted while driving, lost control of her car and crashed. She died the next day. I suppose the silver lining is that she didn’t kill anyone else.
What is it going to take for people to learn that texting while driving is a deadly choice?
I’m actually not going to rant any more about how people should know better. They just should by now. This blog is about what you should do if you are the victim in a texting and driving accident and the Colorado texting and driving laws you should know to protect you..
First, here are the facts: A texting driver is legally liable for the damages that he or she causes in an accident. Why? Every state in the country imposes upon every driver a legal “duty of care,” (obligation) toward other drivers who share the road. This means every driver must look out for the safety and well-being of every other driver. When a person violates this duty by violating laws or safety guidelines (ie, by texting, drinking, speeding), they are considered negligent in any accident they cause.
Now, of course, proving a person’s negligence is another order of difficulty entirely. How do you collect evidence to prove that someone was texting while driving? Here is a list of things to consider:
In 2009, the Colorado General Assembly adopted legislation that added new restrictions on cell phone use and texting while driving. Under the previous Colorado texting and driving law, only drivers with a temporary permit (ie 15- and 16-year-olds as well as other new drivers) were prohibited from using phones behind the wheel. Today, the following laws apply to cell phone use while driving in Colorado:
There are exceptions to these Colorado texting and driving laws. For example, drivers of any age can make a call or send a text during an emergency, including fear for your life, witnessing or experiencing a criminal act, reporting a fire, medical emergencies and more.
In 2014, Colorado lawmakers rejected an all-out ban on cell phone use while driving. There seemed to be disagreement about the language in the bill, but there was some agreement that Colorado might make its laws more restrictive in the future. I’ll keep you posted.
In the meantime, if you’ve been the victim in a texting and driving accident, please call me immediately at (303) 388-5304. Not only would I happily – free of charge – discuss your case and help you understand its merits, but I could quickly secure those cell phone records for you. And if you have any questions at all about this article, please contact me.
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