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Is Texting While Driving Illegal in Colorado?
Yes. Colorado Revised Statute § 42-4-239 prohibits drivers from using handheld electronic devices to send, read, or compose text messages while operating a vehicle. Violating this law is a traffic offense. Under the 2025 Hands-Free Law, a first-time violation is a traffic infraction carrying a $75 fine and two license points. While the criminal penalty is a fine, a citation provides ‘negligence per se’ evidence, which is powerful leverage in your civil personal injury claim.
As of January 1, 2025, the law was expanded. It now prohibits all handheld mobile electronic device use while operating a motor vehicle, not just texting. This expansion strengthens your case if you were injured in a texting-while-driving accident.
If a driver receives a citation for texting while driving at the time of your accident, that citation serves as strong evidence of negligence in your personal injury claim. Our team knows how to leverage these citations to maximize your recovery.
Colorado Negligence Law and Texting While Driving
Colorado negligence law has four elements. All four must be present for you to recover damages:
- Duty – The other driver had a duty to operate their vehicle safely
- Breach – The driver breached that duty by texting while driving
- Causation – The breach caused your accident
- Damages – You suffered injuries and financial losses
A texting while driving citation helps prove all four elements. It shows the driver violated Colorado law and caused your accident. Understanding Colorado negligence law is fundamental to your case.
Why Choose Matlin Injury Law?
Matlin Injury Law has a proven history of success, having recovered over $25 million for more than 1,000 clients. We are proud to maintain a perfect 5.0-star rating with 454 Google reviews, reflecting our commitment to personalized, client-first service.”
We treat each client with respect and care. At Matlin Injury Law, you have direct access to your attorney, not just a case manager. Whether you work with Brian Matlin, Shannon McLeod, Kia Miller, or Steven Bonjour, you receive the high-level legal attention and direct communication your distracted driving case deserves. We answer your questions and keep you informed throughout your case. Our team includes experienced Castle Rock car accident attorneys who understand local courts and insurance practices.
We work hard to get the compensation you deserve. Learn more about how an attorney can help with your car accident claim.
Contact Matlin Injury Law Today
If you were injured in a texting while driving accident in Castle Rock, contact us for a free consultation. Our attorneys are ready to help.
Call (303) 487-8911 now.
You can also contact us through our contact form. We respond quickly to all inquiries. Don’t delay—when is it too late to get a lawyer for a car accident is a question we hear often, and the answer is: sooner is always better.
FAQs
Why Is Texting While Driving So Dangerous?
Texting requires three types of attention at the same time:
- Visual attention – Your eyes leave the road
- Manual attention – Your hands leave the steering wheel
- Cognitive attention – Your mind focuses on the message, not driving
Research from the Virginia Tech Transportation Institute shows texting while driving increases crash risk by 23 times compared to focused driving. This research is critical evidence in distracted driving accident cases.
At 55 miles per hour, a driver travels approximately 80 feet per second. Taking your eyes off the road for just 5 seconds means traveling 400 feet—longer than a football field—without looking at the road. During that time, anything can happen. This is why immediate action after an accident is so critical.
How Can a Texting Citation Help Your Case?
A police citation for texting while driving is powerful evidence. It shows the other driver violated Colorado law. This helps prove negligence in your car accident claim. In fact, how fault is determined in a car accident often hinges on such citations.
Colorado law allows you to recover damages even if you were partially at fault. You can recover if you were less than 50% responsible for the accident. The amount you recover is reduced by your percentage of fault. This is known as comparative negligence.
For example, if you were 20% at fault and your damages total $100,000, you can recover $80,000. Understanding how much compensation you can get from a texting accident injury is essential to your case strategy.
What Evidence Can We Gather?
Our legal team investigates texting while driving cases thoroughly. We work to gather evidence that shows the other driver was distracted. This is similar to how we handle other types of car accidents.
Phone Records
We can subpoena the other driver’s phone records. These records show whether text messages were sent or received at the time of your accident. Phone records are often the most compelling evidence in distracted driving cases.
Vehicle Data Recorders
Modern vehicles have data recorders, sometimes called “black boxes.” These devices record vehicle speed, braking, and other information at the time of impact. This data supports our accident reconstruction analysis.
Accident Reconstruction
Our accident reconstruction experts analyze the accident scene. They examine vehicle damage, road conditions, and other factors. Their analysis can show how the accident happened and support negligence claims. This is particularly important in head-on collision cases and other serious accidents.
Cell Phone Forensics
Cell phone forensics experts can examine the other driver’s phone. They determine what the driver was doing on the phone at the time of the accident. This evidence is often decisive in proving distracted driving liability.
How Long Does a Texting While Driving Case Take?
Most personal injury cases resolve within 6 to 18 months. The timeline depends on several factors:
- Severity of your injuries
- Clarity of liability
- Insurance company cooperation
- Whether the case goes to trial
Our attorneys work to resolve your case efficiently. We keep you informed every step of the way. Learn more about how long the car accident claim process takes.
Do You Have a Time Limit to File a Claim?
Yes. Colorado law gives you three years from the date of your accident to file a personal injury lawsuit. This is called the statute of limitations. However, how long do you have to file a lawsuit for a car accident in Colorado is a critical question we answer for every client.
However, don’t wait. Evidence disappears. Witnesses move away. Medical records become harder to obtain. The sooner you contact an attorney, the stronger your case becomes. This is why when to hire a lawyer after a car accident matters so much.
How Much Does It Cost to Hire Matlin Injury Law?
We work on a contingency fee basis. This means you pay nothing unless we recover compensation for you. This is the standard arrangement for personal injury lawyers in Colorado.
If we recover money for you, we receive a percentage of that recovery. We advance all costs related to your case. You don’t pay these costs out of pocket. If we don’t win, you owe us nothing.
This arrangement aligns our interests with yours. We only succeed when you succeed. Learn more about how our personal injury lawyers get paid and whether you need an attorney if offered a settlement.
What Should You Do After a Texting While Driving Accident?
Immediately After the Accident:
- Call 911 if anyone is injured
- Move to safety if possible
- Get the other driver’s information
- Take photos of vehicle damage and the accident scene
- Get contact information from witnesses
These steps are critical for what to do after a car accident and building a strong case.
Within Days:
- Seek medical attention for your injuries
- Report the accident to your insurance company
- Keep records of all medical treatment
- Document your injuries and recovery
Medical care and car accidents in Colorado is essential to both your health and your legal claim.
Contact an Attorney:
Call (303) 487-8911 as soon as possible
Bring all accident-related documents
Discuss your case with our attorneys
Let us handle communication with insurance companies
Our team can help you understand what to expect during a free consultation.
