Distracted Driving Accident Lawyer in Denver, CO
Every day, countless individuals face the daunting aftermath of accidents caused by distracted drivers. At Varner Faddis Elite Legal, LLC, we stand resolutely against such negligent behavior and are committed to serving individuals who have fallen victim to such incidents. Our dedicated and steadfast distracted driving accident attorneys aim to fight tirelessly for your rights, striving to secure the compensation you deserve after enduring the consequences of distracted driving.
Our Denver personal injury lawyers understand that distracted driving is one of the most prominent dangers on today’s roads. Distracted drivers cause thousands of car accidents every year. If you believe a distracted driver caused your recent accident and injuries, visit the accident attorneys of Varner Faddis Elite Legal, LLC in Denver, CO. Let us help you move forward together.
Why Choose Us as Your Denver Distracted Driving Accident Lawyer
Our team, with a broad understanding of Colorado’s traffic and personal injury laws, as well as the intricacies of insurance claims, is adept at handling distracted driving cases. Our approach at Varner Faddis Elite Legal, LLC, is personalized, catering to the unique circumstances encompassing each case. From offering legal advice to being your aggressive advocates in court, we are here to guide you every step of the way in your pursuit of justice.
By choosing us to handle your distracted driving case, you choose diligence, compassion, and a solid commitment to your cause.
We take a client-centered approach to personal injury law – our legal strategies are always informed by your needs. We strive to maintain an honest, open line of communication with you so that we can assist you in any way we can. We firmly believe that addressing all your needs leads to success in the courtroom.
Why Do You Need a Lawyer After a Distracted Driving Car Accident?
Colorado is a fault-based insurance state. This means before you can obtain financial compensation for your medical bills and property damage, you must show an insurance company that its policyholder caused your motor vehicle accident.
This burden of proof isn’t always easy – especially since insurance companies aim to minimize their liability for wrecks. Hiring a lawyer can give you an edge during settlement negotiations, helping you prove that the other driver was texting or engaged in some other form of distraction leading up to your collision.
Causes of Distracted Driving
In 2016, at least 3,450 people died because of distracted driving in the U.S., according to the National Highway Traffic Safety Administration.
Distractions while driving can be broadly classified into three categories: visual, manual, and cognitive. While any one of these can pose significant risks on the road, a combination of them can exponentially increase the likelihood of a distracted driving crash. Let’s delve deeper into understanding each of these categories.
Visual Distractions
Visual distractions occur when drivers take their eyes off the road. This could be to look at something inside the vehicle, like a cellphone or GPS. A visual distraction could also involve focusing on events or objects outside the car, like scenery, billboards, or pedestrians. Visual distractions significantly reduce the driver’s awareness of the road and surrounding traffic conditions, thereby hindering their ability to react to sudden changes or hazards.
Manual Distractions
A manual distraction involves drivers taking their hands off the wheel or engaging in activities that affect their ability to control the vehicle. Such actions may include texting, eating, drinking, adjusting the radio, or using a navigation system. A driver who is manually distracted may be unable to maintain control of their vehicle or operate pedals or switches at a moment’s notice.
Cognitive Distractions
A cognitive distraction may entail scenarios where a driver’s mental focus strays from the task of driving. Even though a driver might be looking at the road and have both hands on the wheel, if their mind is engaged elsewhere, like in a heated conversation, daydreaming, emotional stress, or fatigue, they are cognitively distracted. This distraction can delay their recognition of and reaction to potential hazards or changes in the driving environment.
It is a driver’s duty to reasonably prevent car accidents. Drivers can fulfill this duty by obeying roadway rules and paying attention to the road. Distractions often make it impossible for drivers to respond to changing roadway conditions in time to avoid collisions. In doing so, they put others at risk of catastrophic injuries and put themselves at risk of severe penalties.
Colorado Distracted Driving Laws
Like most states, Colorado has adopted distracted driving laws to help increase the safety of its roads. It is against the law for all Colorado drivers, regardless of age, to text and drive.
The legislation permits adult drivers (aged 18 and over) to use their phones for voice calls while driving, even allowing the use of headphones or earbuds for this purpose. However, texting while operating a vehicle is considered a crime for drivers of all ages under Colorado law.
For drivers under the age of 18, restrictions are more stringent. Young drivers are prohibited from using a cell phone for texting, talking, or any purpose while driving, with exceptions only applicable under emergency circumstances. Any violation can lead to fines and possible risk of losing their driver’s license. Drivers under 18 cannot use a cell phone while driving to text or make phone calls – unless they need to make an emergency 911 call. Breaking these cell phone laws could result in a driver’s “negligence per se” for a crash, meaning there is no further need to prove negligence.
The Future of Distracted Driving Laws
As of 2020, there are movements towards stricter laws, such as the proposed legislation to ban the use of handheld phones while driving. Nonetheless, as per the existing law, distracted driving can lead to penalties, including a fine of $300 for the first offense and accumulating points against your driving record.
Irrespective of Colorado law, it’s crucial for all drivers to recognize that any distraction significantly increases the risk of accidents, injuries, and fatalities. Therefore, caution and focus on the road should always be prioritized when behind the wheel.
Filing a Distracted Driving Claim
If a distracted driver caused your recent Denver car accident and injuries, you have rights. The state civil justice system permits you to file a distracted driving claim with the at-fault driver’s car insurance company in pursuit of financial damages.
You could receive restitution for your medical costs, pain and suffering, lost income, property damage, and other losses. If negotiations with the other driver’s insurance company don’t result in a fair settlement, you may file a personal injury lawsuit. Generally, you have three years from the date of your collision to file a personal injury claim in Colorado.
Proving Distracted Driving Cases
Establishing liability in distracted driving cases depends on the ability to demonstrate that the other driver’s distraction resulted in careless or negligent behavior leading to the accident. Collecting and presenting compelling evidence is of paramount importance. This may include witness statements, traffic camera footage, cell phone records, accident reconstruction reports, and any relevant observations from law enforcement officers or first responders at the scene. Legal professionals can also play a critical role in these cases, using their skills to compile and present evidence convincingly and also to counter any defenses that may be raised. It’s worth noting that proving distracted driving can significantly enhance the victim’s ability to recover fair and comprehensive compensation for their losses. Therefore, engaging an attorney experienced in distracted driving cases can greatly influence the outcome of your case.
The distracted driving accident attorneys at Varner Faddis Elite Legal, LLC, have the experience and industry connections to ensure that your case is properly investigated. Moreover, our team provides exceptional representation that is uniquely catered to your specific circumstances.
Compensation in Distracted Driving Accidents
When you suffer serious injuries in an accident caused by a distracted driver, your primary concern should be your health and recovery. Concurrently, understanding your rights to compensation is crucial. Victims of distracted drivers can generally claim compensation that falls into two categories: Economic damages and non-economic damages.
Economic Damages
These are calculable financial costs that arise due to the accident. They include present and future medical expenses, rehabilitation costs, loss of earnings, property damages, and other out-of-pocket expenses related to the accident.
Non-Economic Damages
Understanding the hidden costs of an accident is vital when seeking compensation. Non-economic damages seek to cover intangible losses not immediately apparent but significant nonetheless. They include compensation for pain and suffering, emotional distress, loss of companionship, and the diminished quality of life following the accident.
In cases where the distracted driver’s conduct is proven to be particularly reckless, it may be considered gross negligence, and punitive damages may also be considered by the court. This serves to punish the at-fault party and deter others from engaging in similar behavior.
Obtaining adequate compensation that truly covers your losses can be a complex process. Having skilled and diligent legal representation ensures that your rights are protected, and the full impacts of the accident are considered when seeking damages.
At Varner Faddis Elite Legal, LLC, we understand that every aspect of your life that has been impacted due to the accident should be taken into account for rightful compensation.
Contact a Denver Distracted Driving Accident Lawyer Today
Reach out to a Denver car accident attorney as soon as possible following a distracted driver accident. Our lawyers can investigate your case, gather any available evidence of the other driver’s distraction, file your insurance claim, negotiate a settlement with claims adjusters, and take your case to court if necessary for the best possible outcome.
Our firm is ready to hear your story and do it justice in the face of a negligent, reckless, or distracted driver. Contact us today to request a free consultation with an experienced personal injury attorney and start your journey toward recovery.
Our Office in Denver
6025 South Quebec St.
Suite 100
Centennial, CO 80111
Phone: 720-710-9073