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Colorado Springs Distracted Driving Accident Lawyer

Written by Timothy R. Bussey · Reviewed by Benjamin Wilcox · Last updated 3 September 2026

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

Frequently Asked Questions for Distracted Driving Accident Victims

Having questions is entirely natural, and at The Bussey Law Firm, P.C., we’re dedicated to providing you with the information you need to make informed decisions. Here are some common questions and answers that individuals injured in a distracted driving accident in Colorado Springs may want to ask an attorney.

What should I do immediately after a distracted driving accident?

After a distracted driving accident, your health should be your top priority. Seek medical attention promptly, even if your injuries seem minor. Once your well-being is secured, document the accident scene, gather contact information from witnesses, and take photos if possible.

Should I speak to the other driver's insurance company?

It’s generally not advisable to speak with the other driver’s insurance company without legal representation. Insurance companies may use your statements against you, so it’s best to consult with an attorney before engaging in discussions with them.

How do I determine liability in a distracted driving accident?

Proving liability in a distracted driving accident can be complex. Your attorney will work to gather evidence, such as police reports, witness statements, and any available video footage, to establish the other party’s negligence.

What damages can I recover in a distracted driving accident case?

You may be entitled to compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, property damage, and more. The specific damages you can recover will depend on the circumstances of your case.

How long do I have to file a distracted driving accident claim in Colorado Springs?

In Colorado Springs, the statute of limitations for personal injury claims, including those arising from distracted driving accidents, is typically two years. It’s crucial to consult with an attorney and take action promptly to ensure your claim is filed within the required time frame.

What if the distracted driver doesn't have insurance?

If the distracted driver is uninsured or underinsured, your own insurance policy may provide coverage through uninsured/underinsured motorist (UM/UIM) coverage. Your attorney can help you explore these options.

How Can The Bussey Law Firm, P.C. Assist Me?

At The Bussey Law Firm, P.C., we provide comprehensive support for victims of distracted driving accidents:

&bull We offer free consultations to discuss your case, answer your questions, and assess your legal options.
&bull Our experienced attorneys have a proven track record of successfully representing distracted driving accident victims.
&bull We’ll guide you through the legal process, handle paperwork, and negotiate with insurance companies on your behalf.
&bull Our primary goal is to secure the compensation you deserve for your injuries and losses, fighting for your rights and pursuing justice.

How long do I have to file this claim in Colorado?

Three years from the crash, because this is a tort action for bodily injury arising out of the use of a motor vehicle under C.R.S. 13-80-101(1)(n) — a year longer than Colorado's general tort deadline. If a city, county, district or state vehicle or roadway is involved, a far shorter clock governs first: written notice within 182 days under C.R.S. 24-10-109(1), which that statute calls "a jurisdictional prerequisite" whose failure "shall forever bar any such action".

What does a distracted driving claim cost to pursue?

Nothing up front, and nothing at all unless there is a recovery. A distracted driving review is free and the firm is paid a percentage of what it recovers rather than by the hour, so asking costs nothing. Call (719) 475-2555.

Who is liable in a distracted driving crash?

The distracted driver, and their employer where the distraction was work — a dispatch message, a delivery app or a call the job required.

Where is a distracted driving claim filed?

In the El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 — the district court serving El Paso County. Most claims settle without a court appearance, but the filing venue is what sets the deadline that matters.

Why are phone records so important?

Because distraction leaves almost no physical trace. Call and data records, obtained through the claim rather than requested informally, are often the only proof of what the driver was doing at the moment of impact.

How is distraction proven if the driver denies it?

From those records read against the timeline of the crash, plus the absence of braking in the vehicle's event data — a driver who never braked was not looking.

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.

Colorado deadlines and rules that apply to this claim
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

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.