Colorado Springs Distracted Driving Accident Lawyer
Key Takeaways
- Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
- If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
- Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.
What counts as distracted driving?
Anything that takes eyes off the road, hands off the wheel, or attention off driving — the three recognised categories are visual, manual and cognitive, and a phone is the only common activity that does all three at once.
Colorado law restricts the use of a mobile device while driving, but the civil claim does not depend on a citation: distraction is proved as ordinary negligence.
How do you prove the other driver was on their phone?
By getting the records before they are gone, which is the whole game in a distraction case.
Carrier call and data records show usage to the minute but are held for a limited period and require a subpoena or preservation demand. The phone itself, the vehicle's infotainment log and the event-data recorder can all place a driver's attention elsewhere. None of that is available to someone who waits a year to ask.
Were You Injured by a Distracted Driver in Colorado Springs? We Want to Help
Drunk drivers used to be the biggest threat to other drivers in Colorado. Unfortunately, there is a new danger that poses an even greater risk to our state's roads and highways: distracted driving. Thanks to smartphones, tablets, and other mobile devices, distracted driving is becoming one of the leading causes of automobile accidents and fatalities.
To combat this growing problem, Colorado and other states are enacting laws that specifically address distracted driving. Even so, the number of collisions is still on the rise.
If you or a loved has been injured in an accident caused by a distracted driver in Colorado Springs, you're entitled to be fully compensated for your damages. To discuss your case and learn about your legal options, call one of the friendly and compassionate Colorado Springs car accident lawyers at The Bussey Law Firm, P.C., at (719) 475-2555.
Distracted Driving Accidents Are on the Rise
According to the National Highway Traffic Safety Administration, distracted driving was the primary cause of 9% of vehicle accidents involving a fatality in 2016. More alarming was a finding that distracted driving was to blame for over 500 pedestrians, bicyclists, and others killed in motor vehicle collisions.
It should come as no surprise that smartphone use while driving was highest among 15- to 29-year-old drivers. But in this day and age, pretty much everyone has a smartphone, and the temptation to use it while driving can be pretty high. Texting, talking on the phone, and using the phone's navigation system are especially common while driving.
But cell phones are not the only culprits of distracted driving. There are many other forms of distracted driving, such as:
- Consuming food or beverages
- Smoking
- Using a GPS device
- Fiddling with the radio or air conditioning
- Reading a map or other written material
- Applying makeup
- Talking with other passengers
- Dealing with children
How Can You Prove an Accident Was Caused by a Distracted Driver?
Colorado, like most states, has a law that forbids driving while texting. The 2009 law also outlaws other behaviors such as driving while emailing or tweeting. However, talking on the phone is only prohibited for drivers under the age of 18. Violators can be fined $50 dollars for a first offense, which seems like a small amount for such a dangerous activity. On top of the state law, individual municipalities may have their own regulations as well.
In many cases, it can be challenging to prove that the driver who caused your accident was distracted if he or she is unwilling to admit to it. However, an experienced Colorado Springs distracted driving accident lawyer will know how to carefully investigate the circumstances surrounding the crash in order to build a successful case.
At The Bussey Law Firm, P.C., we can subpoena the driver's cell phone history, social media activities, and other digital and online records to look for evidence of distracted driving. Additionally, we'll look to track down eyewitness accounts from other drivers and passengers to corroborate your version of the wreck.
Driving while distracted puts the lives of everyone else on the road in danger. We believe that every driver deserves to get home safely to his or her loved ones. To learn more about how we can help you following an automobile accident, call a Colorado Springs personal injury attorney today at (719) 475-2555 to schedule a free consultation.
Additional Information
- The Most Common Things That Distract Negligent Drivers
- Do Hands-Free Devices Really Improve Safety?
- Distracted Driving Continues to Put Drivers, Others at Risk
- Ending Distracted Driving is Everyone's Responsibility - National Safety Council
- Distracted Driving - CDC
- Facts + Statistics: Distracted driving | III
What makes a driver liable in a distracted driving claim in Colorado?
A distracted driver is liable if the plaintiff proves the driver owed a duty of care, breached it by driving distracted, and caused injury or damage. Colorado law does not require a texting statute citation or a traffic citation — ordinary negligence is enough.
The Colorado Revised Statutes recognise distracted driving claims as motor vehicle accident torts arising from the use or operation of a motor vehicle. The claim is grounded in common-law negligence, not in a distracted driving statute. The plaintiff must prove the driver owed a duty of care, breached it by driving distracted, caused the accident, and injured the claimant. Under this framework, proof of distraction — from phone records, event data, witness accounts, or the absence of braking — establishes breach. The driver's employer may also be liable if the distraction was work-related, such as responding to a dispatch message or a call the job required.
A traffic citation for violating Colorado's texting statute (C.R.S. 42-4-239) is admissible as evidence of negligence but is not required for the civil claim to succeed. The violation and the injury are separate questions — one involves traffic law, the other involves tort liability for damages. Many distracted driving claims arise from crashes where no citation was issued, yet the plaintiff still prevails by proving the driver was inattentive and caused the wreck.
| Element | What the plaintiff must prove | Evidence |
|---|---|---|
| Duty of care | The driver owed a legal duty to you to drive safely | The duty exists automatically when two vehicles share the road |
| Breach of duty | The driver drove while distracted and violated that duty | Cell phone records, event data, witness testimony, absence of braking |
| Proximate cause | The driver's distraction directly caused the crash | Police report, vehicle damage, physics of the collision |
| Damages | You suffered measurable injury or property loss | Medical bills, repair estimates, lost wages, pain testimony |
How is your recovery reduced if you were partly at fault in the crash?
Colorado's comparative negligence rule reduces your award by the percentage of fault assigned to you. If you are 50% or more at fault, you recover nothing — the law bars recovery entirely at that threshold.
Under C.R.S. 13-21-111, contributory negligence does not bar recovery outright, as it did under the old all-or-nothing rule. Instead, damages are diminished in proportion to your share of fault. The jury must return what the statute calls a 'special verdict' that states the full amount of damages you would have recovered if there had been no fault on your part, and separately the percentage of negligence assigned to each party. From those two numbers, the court reduces your actual recovery by your assigned percentage. But if the jury finds you were 50% or more at fault — if you were equally to blame or more to blame than the driver — then you recover nothing. The statute requires that the court enter judgment for the defendant in that event. This is the critical threshold: anything below 50% fault reduces your award; 50% or above eliminates it entirely.
If you were hit by a distracted driver and the facts show shared fault — perhaps you were speeding or failed to see the other vehicle — expect this calculation. An experienced personal injury attorney will identify defenses early and work to minimize your assigned percentage. This is often where cases settle, because the jury's fault finding is uncertain until trial. Call our car accident attorneys to discuss how this rule applies to your case.
| Your assigned fault percentage | Effect on recovery | Verdict |
|---|---|---|
| Less than 50% | Damages reduced by your percentage | You recover reduced amount |
| Exactly 50% | Barred entirely | Judgment for defendant |
| Greater than 50% | Barred entirely | Judgment for defendant |
What notice requirement applies when a city, county, or state vehicle causes the distracted driving crash?
If a government vehicle is involved, you must file written notice within 182 days of discovering the injury — and failure to do so ends the claim forever. This deadline is separate from and much shorter than the 3-year deadline that applies to private drivers.
Under C.R.S. 24-10-109(1), any person claiming injury from a public entity or a government employee acting in the course of employment must file a written notice within 182 days after the date of discovery of the injury. The statute is unforgiving: compliance 'shall be a jurisdictional prerequisite' to any lawsuit, and 'failure of compliance shall forever bar any such action.' This means that missing the 182-day deadline is not a technicality that can be overlooked or waived — it kills the entire claim. The notice must be in writing, must identify the claimant and the government employee if known, must describe the date, time, place and circumstances of the crash, and must state the extent of the injury and the amount of damages sought. The notice is effective upon mailing by registered mail, return receipt requested, or upon personal service to the government entity's counsel or governing body.
After notice is filed, the government entity has 90 days to deny the claim or the claimant must wait 90 days before filing a lawsuit — whichever comes first. Only after that 90-day period (or after a denial, whichever is sooner) can a lawsuit be filed. The government's standard 3-year deadline for most tort claims (C.R.S. 13-80-101) does not apply here; instead, the claim must be filed no later than the deadline stated in the applicable statute, or in the 3-year period if the government entity denies it (C.R.S. 24-10-109(5)). If you are hit by a city bus, a police vehicle, or a county road maintenance truck, consult a Colorado Springs personal injury lawyer immediately — the 182-day notice deadline is the law's shortest and most consequential clock.
| Stage | Deadline | What you must do | Consequence of failure |
|---|---|---|---|
| File notice | Within 182 days of discovering injury | Send written notice by registered mail or personal service to government counsel | Claim is forever barred |
| Notice contents | At time of filing | Include claimant name/address, facts, government employee name if known, injury extent, damages sought | Claim is forever barred |
| Wait for denial | 90 days after notice filed | Wait for government to respond or 90 days to pass, whichever comes first | Cannot sue until denial or 90 days elapse |
| File lawsuit | Before 3-year motor vehicle deadline | Once 90 days pass or denial received, file lawsuit in El Paso County Combined Courts | Claim is barred by statute of limitations |
Sources
Car accident claim videos from The Bussey Law Firm
Should I handle my car accident on my own?
The car accident claim process involves determining liability, assessing damages, and seeking compensation. From property damage to medical injuries and potential long-term effects, it's crucial to have an experienced attorney who can navigate insurance claims and pursue compensation from the responsible party.
· 0:47 · Watch on YouTube
How do you determine the value of a car accident claim?
Determining the value of a personal injury claim is not straightforward, as every case is unique. There's no one-size-fits-all algorithm; you need an experienced law firm to evaluate your claim based on liability, damages, medical history, and past trial results. At our firm, we use our expertise to properly value your claim and fight for the compensation you deserve.
· 0:34 · Watch on YouTube
What Are the Colorado Deadlines and Rules on This Claim?
Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.
| A claim arising from the use or operation of a motor vehicle | 3 years — C.R.S. 13-80-101(1)(n) |
|---|---|
| Most other personal injury claims | 2 years — C.R.S. 13-80-102 |
| If you were partly at fault | Damages reduced by your share, barred at 50% — C.R.S. 13-21-111 |
| Where a Colorado Springs claim is filed | El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 |
Sources and References
- Colorado Revised Statutes, Title 13 (Colorado General Assembly)
- El Paso County Combined Courts — Colorado Judicial Branch
- The Bussey Law Firm, P.C. — Google Business Profile
Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.
Past results do not guarantee future outcomes. Every case is decided on its own facts.
Our Colorado Springs Office
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
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