Table of contents
Why Choose Matlin Injury Law for Your Texting While Driving Case
Matlin Injury Law brings years of experience handling distracted driving cases throughout Centennial and the surrounding Denver metro area. We understand Colorado’s texting ban and how violations establish negligence in personal injury claims. Your case is handled by an experienced lawyer, not an associate or paralegal. We work on a contingency fee basis, meaning you pay nothing upfront and only pay attorney fees if we recover compensation for you.
We know the accident hotspots in Centennial and Parker well. From the high-volume I-25 corridor to the busy intersections along Arapahoe Road and Parker Road, we understand the local traffic patterns that contribute to distracted driving crashes. Arapahoe Road and University Boulevard see their share of serious collisions. When texting, drivers cause accidents on these busy corridors, and evidence can disappear quickly. We move fast to preserve phone records, dashcam footage, and eyewitness testimony. Our team is available 24/7 to answer your questions and provide the support you need during this difficult time.
What Is Texting While Driving and Why It Causes Accidents
Texting while driving means sending, reading, or composing text messages while operating a vehicle. It’s one of the most dangerous forms of distracted driving because it takes your eyes off the road, your hands off the wheel, and your mind off the task of driving. Research shows that according to Colorado Department of Transportation data, 34% of Colorado drivers picked up phones for calls and 23% for messaging in 2025, creating a widespread safety concern on our roads.
When a driver texts, they typically look away from the road for an average of 5 seconds. At 55 miles per hour, that’s like driving the length of a football field with your eyes closed. Texting combines three types of distraction: visual (eyes off road), manual (hands off wheel), and cognitive (mind off driving). This triple threat makes texting while driving one of the leading causes of preventable accidents.
The consequences are severe. Nationally, distracted driving caused over 3,308 deaths in 2022 alone. In Colorado, texting while driving is prohibited under Colorado Revised Statutes § 42-4-239. When a driver violates this safety statute (CRS § 42-4-239) and causes an accident, it constitutes ‘negligence per se’ in Colorado. This means the law presumes the driver was negligent simply because they broke the texting ban, shifting the burden to them to prove otherwise. The violation demonstrates that the driver breached their duty of care by violating a safety statute. Combined with evidence showing the texting caused your accident and resulted in your injuries, this violation significantly strengthens your claim.
Victims of texting while driving accidents often face serious injuries: broken bones, spinal cord damage, traumatic brain injuries, and internal injuries. Beyond physical harm, you may face mounting medical bills, lost wages from time off work, ongoing pain and suffering, and long-term care costs. If you’ve been injured by a texting driver in Centennial, you deserve compensation for all these damages.
How Matlin Injury Law Handles Texting While Driving Cases
Our process begins with a thorough investigation. We obtain the police report, medical records, and any available video footage. We interview eyewitnesses who saw the accident or observed the driver texting. We work with accident reconstruction experts who can analyze the collision dynamics and establish how the texting driver caused the crash.
Phone records are central to most texting while driving cases. We subpoena the at-fault driver’s cell phone records from their carrier to show exactly when texts were sent or received. If the timing aligns with the accident, this evidence is powerful proof of distraction. We also examine the driver’s phone bill and usage patterns to establish a history of texting while driving.
We evaluate liability under Colorado negligence law. To prove negligence, we must show: (1) the driver owed you a duty of care, (2) the driver breached that duty by texting while driving, (3) the breach caused your accident, and (4) you suffered damages. The texting violation provides strong evidence supporting element two. Our investigation focuses on elements one, three, and four.
We calculate your damages comprehensively. Economic damages include medical expenses, lost wages, property damage, and future medical care. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. We work with medical experts and economists to quantify these damages accurately.
Settlement negotiations begin once we’ve gathered sufficient evidence. Many texting while driving cases settle because the evidence is strong and liability is clear. We present our findings to the insurance company and negotiate aggressively for fair compensation. If the insurance company refuses a reasonable settlement, we prepare your case for trial and are ready to present your evidence to a jury.
Evaluating Your Texting While Driving Accident Claim
Strong claims have clear evidence of texting, serious documented injuries, and credible witnesses. If the at-fault driver’s phone records show a text sent at the exact moment of impact, that’s powerful evidence. If you have medical records documenting significant injuries, that strengthens your damages claim. If multiple eyewitnesses saw the driver texting before the collision, that corroborates liability.
Weaker claims may involve comparative fault on your part, pre-existing medical conditions, or gaps in medical treatment. If you were partially at fault for the accident, your recovery is reduced proportionally. If you had a pre-existing back injury and the accident aggravated it, the insurance company may argue the injury wasn’t entirely caused by the accident. If you delayed seeking medical treatment, the insurance company may claim your injuries weren’t serious.
We evaluate case strength through a systematic process. First, we review the police report and accident scene evidence. Second, we obtain and analyze phone records. Third, we gather medical records and consult with medical experts about causation and prognosis. Fourth, we interview witnesses and assess credibility. Fifth, we research comparable cases and settlements in Colorado to establish realistic value.
Colorado’s modified comparative negligence rule affects your recovery. If you were 20% at fault and the texting driver was 80% at fault, you recover 80% of your damages. If you were 50% or more at fault, you cannot recover anything. We carefully analyze the facts to determine how comparative fault might apply and position your case to minimize any reduction in damages.
Insurance coverage matters significantly. The at-fault driver’s liability policy limits cap the insurance company’s obligation to pay. If the driver has $100,000 in coverage and your damages are $200,000, we may pursue the driver’s personal assets or look to your own underinsured motorist coverage. We explore all available sources of compensation.
Professional representation maximizes your recovery. Insurance companies employ experienced adjusters trained to minimize payouts. They know that many injured people accept lowball offers out of desperation or lack of legal knowledge. An experienced attorney levels the playing field, presents evidence professionally, and negotiates from a position of strength.
Take Action Now Get Help From Matlin Injury Law
You don’t have to handle this alone. A texting while driving accident can leave you injured, overwhelmed, and uncertain about your rights. Matlin Injury Law has the experience, resources, and determination to pursue your rights and recover the compensation you deserve.
We offer a free consultation to discuss your case with no obligation. During this call, we’ll listen to what happened, answer your questions, and explain your legal options. We work on a contingency fee basis—you pay nothing upfront, and we only collect fees if we recover money for you.
Remember, Colorado’s statute of limitations gives you three years to file a lawsuit, but evidence disappears quickly. The sooner you contact us, the sooner we can preserve crucial evidence and begin building your case. Don’t let the insurance company take advantage of you while you’re recovering from your injuries.
Call Matlin Injury Law today at (303) 487-8911 for your free consultation. We’re available 24/7 to help you.
FAQs
Is the driver automatically liable if they were texting while driving?
A texting violation under Colorado law provides strong evidence of negligence. The violation demonstrates that the driver breached their duty of care by violating a safety statute. However, you still must show that the texting caused your accident and that you suffered damages. Our investigation focuses on connecting the driver’s texting to the collision and documenting your injuries.
How do you prove a driver was texting while driving?
We gather multiple forms of evidence: phone records from the at-fault driver’s cell phone carrier, dashcam or surveillance footage from nearby businesses, eyewitness testimony, police reports, and accident reconstruction experts. Phone records are particularly powerful—they show exactly when texts were sent or received and can place the driver’s attention on their phone at the moment of impact.
What is Colorado's texting while driving law?
Colorado Revised Statutes § 42-4-239 prohibits all drivers from sending, reading, or composing text messages while operating a motor vehicle. The law applies to all drivers, regardless of age or experience. Violating this law creates legal liability for any accident that results
Can I recover damages if I was partially at fault?
Yes. Colorado follows a modified comparative negligence rule under CRS § 13-21-111. You can recover damages even if you were partially at fault, as long as you were less than 50% responsible for the accident. If you were 30% at fault and the texting driver was 70% at fault, you can recover 70% of your damages. We evaluate your case carefully to determine how comparative fault might apply.
How long does a texting while driving case take?
Most cases take 6 to 18 months from initial consultation to resolution. Simple cases with clear liability and documented injuries may settle within 6 to 9 months. Complex cases involving multiple parties, serious injuries, or disputed liability may take longer. We keep you informed throughout the process and never rush to settle.
What is the statute of limitations for filing a claim in Colorado?
You have three years from the date of your accident to file a lawsuit for a motor vehicle accident in Colorado (CRS § 13-80-101). (Note: This is longer than the standard two-year deadline for other personal injury claims, but it strictly applies to roadway collisions. Don’t wait—evidence like cell phone records is often deleted by carriers within months. We recommend contacting us as soon as possible after your accident to preserve evidence and protect your rights.
Will my case go to trial or settle?
Most personal injury cases settle before trial. Insurance companies often prefer to settle rather than risk a jury verdict. However, we prepare every case as if it will go to trial. If the insurance company refuses fair compensation, we’re ready to present your case to a jury and pursue the full value of your claim.
How much is my texting while driving accident case worth?
The value depends on the severity of your injuries, the clarity of liability, the strength of our evidence, and Colorado’s damage caps. A minor injury case might be worth $10,000 to $50,000. A serious injury case could be worth $100,000 to $500,000 or more. We evaluate your specific circumstances and provide a realistic estimate during your free consultation.
Do I have to pay attorney fees upfront?
No. We work on a contingency fee basis. You pay nothing upfront, and we only collect attorney fees if we recover compensation for you. Our fee comes from the settlement or judgment we obtain—typically 25% to 33%, depending on the complexity of your case and whether it settles or goes to trial.
What if the other driver denies they were texting?
Phone records don’t lie. If the driver’s phone records show a text sent at the moment of impact, that’s objective evidence the driver was texting. Even if the driver denies it, the records prove otherwise. We also gather eyewitness testimony and any available video footage to corroborate the texting.
What if I was partially at fault for the accident?
Colorado’s comparative negligence law allows you to recover even if you were partially at fault. If you were 30% at fault and the texting driver was 70% at fault, you recover 70% of your damages. We analyze the facts carefully and present your case in the best possible light while being honest about any comparative fault.
Is it worth hiring an attorney for my texting while driving case?
Yes. Insurance companies offer significantly less to unrepresented claimants. An attorney typically recovers 3 to 5 times more than an injured person negotiating alone. Since we work on contingency, you have nothing to lose and everything to gain. Our fee comes only from money we recover for you.
What if the at-fault driver doesn't have insurance?
If the driver is uninsured, you may recover through your own uninsured motorist coverage. If you don’t have uninsured motorist coverage, you can pursue the driver’s personal assets, though this is often difficult. We explore all available options and advise you on the best path forward.
How do I know if I have a strong case?
Call us for a free consultation. We’ll review the facts, discuss the evidence, and give you an honest assessment of your case’s strength and potential value. There’s no obligation, and we answer all your questions. Most injured people are surprised by how strong their cases are once we investigate thoroughly.
