The National Safety Council reports that cell phone use while driving leads to 1.6 million crashes each year. Nearly 390,000 injuries occur each year from accidents caused by texting while driving. Even though most people know that they shouldn’t, as many as 80% of people admit to using a cellphone while driving.
Cell phone usage is hazardous while operating a vehicle, so here are some tips for keeping yourself and others safe and free from distractions.
Key Takeaways
- Colorado law (C.R.S. § 42-4-239) bans texting while driving for all drivers. Drivers under 18 are prohibited from all cell phone use while behind the wheel.
- If a distracted driver caused your accident, evidence of phone use at the time of the crash — cell phone records, witness testimony, or the police report — can significantly strengthen your claim.
- Texting while driving is considered negligence per se in many Colorado courts, meaning the act of violating the law can serve as automatic proof of fault.
What Statute CRS 42-4-239 Says About Texting and Driving
CRS 42-4-239 is the Colorado statute states
- “A person under eighteen years of age shall not use a wireless telephone while operating a motor vehicle.
- A person eighteen years of age or older shall not use a wireless telephone to engage in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.
- A person who operates a motor vehicle in violation of the above commits a class A traffic infraction as defined in section.”
Ultimately it is illegal to operate a mobile device while driving if you are under the age of 18 and illegal to text and drive if you are over the age of 18. Despite the legalities, it is essential to remember it is hazardous, and distracted driving can cause not only injury but death to you and other drivers.
Colorado Law
Under C.R.S. § 42-4-239, texting while driving is a Class 1 misdemeanor traffic offense in Colorado, carrying fines and points on your license. For drivers under 18, C.R.S. § 42-4-239(3) prohibits all cell phone use, including hands-free. Violating these laws while causing an accident can be used as evidence of negligence in a personal injury claim.
Tips for preventing Texting and Driving Violations
According to a Survey from the Motoring Association:
- 25% of drivers have admitted to making a phone call behind while driving
- 19% of drivers have admitted to checking texts, emails, or their social media while driving
- 16% of drivers have admitted to posting on social media while driving
- 14% of drivers have admitted to taking a photo while driving
If you have operated a vehicle, it’s safe to say you have used a mobile device while operating the vehicle. When driving down the road, you are more than likely to see a driver texting, driving, or looking at their phone, which increases the safety risk for them and you. Here are some safeguards you can implement to prevent personal injury from texting and driving:
Turn Your Phone on Silent and Keep it Out of Reach
This is the safest option when driving. Turn your phone on silent and keep it out of reach to avoid temptation. Putting it out of reach will ensure that your attention is on the road and free from any texts or distractions. Some mobile devices even offer safe driving modes that initiate notifications to anyone who may be trying to reach you while you’re driving.
Pullover
If it is that urgent to send a message or answer the phone, take a few extra minutes to pull safely off the road and THEN text or answer the phone.Getting in the habit of pulling your car over when you have received a call or text rather than taking it while driving will ultimately prevent any driving violations or injuries to yourself and other drivers.
Go Handsfree
This may not be an accessible option for everyone, but if you have the chance and opportunity to upgrade your technology and accessories, we highly recommend it. Going hands-free can help increase your vehicle’s safety and prevent distracted driving. Here are some ways you can implement hands-free accessories into your car:
- Mobile device mount
- Voice controlled devices
- Built-in navigation device
- Bluetooth headset
Turn Your Phone on Silent
This is the safest option when driving. Turn your phone on silent or some mobile devices even offer a driving mode. Putting it out of reach will ensure that your attention is on the road and free from any texts or notifications. However, we know this may not be the most realistic option as we often use our phones to navigate between locations.
If a distracted driver has injured you in Colorado, you may be entitled to compensation for medical bills, lost earnings, property damage, and pain and suffering. Contact the experts at Cave Law today for a free consultation.
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Frequently Asked Questions
Can I sue someone who was texting and caused my car accident in Colorado?
Yes. If the other driver was texting at the time of the collision, that is strong evidence of negligence. You can pursue a personal injury claim for medical expenses, lost wages, pain and suffering, and other damages. Cell phone records, the police report, and witness testimony can all help prove the other driver was distracted.
What are the penalties for texting while driving in Colorado?
Texting while driving is a Class 1 misdemeanor traffic offense. Fines and points are assessed on the driver’s license. If the texting results in an accident causing injury or death, the driver may face additional criminal charges including careless or reckless driving, which carry harsher penalties.
How do you prove the other driver was texting?
Evidence can include the police officer’s observations at the scene, witness statements, cell phone records obtained through a subpoena showing texts sent or received around the time of the crash, dashcam or traffic camera footage, and the driver’s own admission in the police report. An attorney can help obtain and preserve this evidence.
Does hands-free phone use cause accidents too?
Yes. Research shows that hands-free phone conversations still cause cognitive distraction — the driver’s attention is divided even if their hands are on the wheel. While hands-free use is legal for adult drivers in Colorado, if it contributed to an accident, it can still be used as evidence of negligent or careless driving.
