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Why Choose Matlin Injury Law for Your Distracted Driving Case?
Choosing legal representation can significantly impact the outcome of your personal injury claim, and Matlin Injury Law delivers a truly personalized, results-driven approach to every case. Brian Matlin brings years of experience handling complex car accident claims throughout Colorado, giving him deep insight into the tactics insurance companies use to devalue claims. Our firm stays fully current on Colorado’s distracted driving laws, including SB24-065, and how those statutes affect liability and your right to compensation. You will work directly with your attorney, not a paralegal or junior associate, ensuring your case receives focused, high-level attention. Because we operate on a “No Win, No Fee” contingency-fee model, you pay no upfront costs and only owe a fee if we successfully recover compensation on your behalf. Based in Parker and serving the Greater Denver area and communities across Colorado, we are committed to holding negligent drivers accountable and protecting the people in our community who have been harmed.
Understanding Distracted Driving Accidents in Colorado
Distracted driving is any activity that diverts attention from the road. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is a leading cause of preventable crashes. In fact, the NHTSA reports that thousands of people are killed each year in distraction-affected crashes.
There are three primary types of distraction:
- Visual: Taking your eyes off the road.
- Manual: Taking your hands off the wheel.
- Cognitive: Taking your mind off driving.
Texting while driving is dangerous because it involves all three types of distraction. Proving that a driver was distracted requires a thorough investigation and the preservation of digital evidence. If you’ve been injured by a texting while driving accident, our team knows how to build a compelling case.
How Matlin Injury Law Investigates and Builds Your Claim
Building a strong case for a distracted driving accident requires immediate action. Our firm takes a thorough approach to ensure we account for every detail. The sooner you contact a Colorado car accident lawyer, the better we can preserve critical evidence.
Evidence Collection
We move quickly to subpoena cell phone records. These records provide a timestamped log of activity. We also secure Event Data Recorder (EDR) data from the vehicles. This data can show steering and braking patterns that suggest a driver was not paying attention. In some cases, we also obtain traffic camera footage to corroborate witness statements.
Handling Negligence Per Se
When a driver violates a safety law, it may lead to “negligence per se.” This means the driver is presumed negligent because they broke a law designed to protect the public. We use these violations to build a clear case of liability against the distracted driver. Understanding negligence per se is critical in distracted driving cases, especially when the driver violated Colorado’s hands-free law. This doctrine significantly strengthens your personal injury claim.
Expert Coordination
In complex cases, we work with accident reconstruction experts. These professionals analyze skid marks and vehicle damage to show how the distraction led to the collision. This approach provides objective evidence to support your claim in negotiations or at trial. Our network of experts helps us build the strongest possible case for maximum compensation.
Evaluating the Strength of Your Distracted Driving Claim
The strength of your case depends on several factors, including the clarity of liability and your documented damages. A strong claim typically includes clear evidence of the other driver’s negligence and thorough documentation of your injuries.
A claim is typically stronger when:
- The police issued a citation to the other driver for cell phone use.
- Independent witnesses saw the driver distracted.
- Cell phone records show activity at the time of the crash.
- You sought immediate medical attention.
Matlin Injury Law supports our clients by helping them manage the medical treatment process. We work to ensure medical professionals document all injuries. This is essential for proving the full extent of your damages. If you need guidance on medical care after a car accident, our resources can help. Proper documentation of your personal injury is critical to your case’s success.
Take the First Step Toward Recovery with Matlin Injury Law
Distracted driving is a choice that can have life-altering consequences. At Matlin Injury Law, we are committed to holding negligent drivers accountable. If you or a loved one has been injured, do not handle the legal process alone. Whether you need a Denver distracted driving lawyer, a Parker car accident attorney, or representation in another Colorado community, we are ready to help.
Help is available, and your initial consultation is always free. We will review your accident and explain your legal options. Contact Matlin Injury Law today at (303) 854-6078 to discuss your case with a dedicated Colorado distracted driving accident lawyer. You can also reach us through our contact form to schedule your free consultation.
FAQs
What qualifies as "distracted driving" under Colorado law?
In Colorado, distracted driving encompasses a range of behaviors. While texting is common, it also includes grooming, using a navigation system, or adjusting the radio. As of January 1, 2025, Colorado Senate Bill 24-065 prohibits all drivers from holding a mobile electronic device while driving. This includes a ban on manual data entry for all drivers. When you are injured by a distracted driver, our attorneys can help you understand how these laws establish liability in your case. This hands-free law is a critical tool in proving negligence per se.
How do you prove the other driver was distracted?
Proving distraction often requires evidence beyond the police report. We look for cell phone records that show the timing of texts or calls. Additionally, we examine “black box” data from the vehicles and review traffic camera footage. Our legal team also interviews witnesses who saw the driver looking down before the collision. In many cases, we work with accident reconstruction experts to demonstrate how the distraction caused the crash.
Is a distracted driver always at fault for an accident?
While a distracted driver is often responsible, Colorado follows a modified comparative negligence rule. This means that if the injured party is partially at fault, their compensation may decrease by their percentage of fault. However, you can still recover damages as long as you are less than 50% responsible. We work to minimize any comparative fault claims made by the insurance company. For more information on how fault is determined, see our guide on comparative negligence in Colorado. Understanding Colorado’s comparative negligence law is essential to protecting your claim.
What types of compensation can I recover?
Victims of distracted driving accidents may be entitled to various forms of compensation, including:
- Economic Damages: Medical expenses and lost wages.
- Non-Economic Damages: Pain and suffering and emotional distress. For actions filed on or after January 1, 2025, Colorado law has updated the cap on non-economic damages to $1.5 million under HB 24-1472.
- Property Damage: The cost to repair or replace your vehicle.
Learn more about the types of damages in personal injury claims.
How long do I have to file a lawsuit in Colorado?
In Colorado, the statute of limitations for motor vehicle accident claims is three years from the date of the accident. If you fail to file within this timeframe, you may lose your right to seek compensation. Contact an attorney as soon as possible to meet all deadlines. Under Colorado Revised Statutes § 13-80-101, this three-year window is strictly enforced.
What happens if the insurance company denies my claim?
Insurance companies often deny claims by arguing that distraction cannot be proven. If we cannot reach a fair settlement through negotiation, Matlin Injury Law is prepared to take your case to court. We advocate for our clients throughout the litigation process. If you need help challenging a denial, our team has extensive experience with bad-faith insurance claims. We also help clients understand their rights when dealing with insurance company tactics.
Will I have to go to court to get a settlement?
Most personal injury cases are settled out of court. However, we prepare every case as if it is going to trial. By building a strong record, we show the insurance company that we are ready to litigate. This often encourages them to offer a more reasonable settlement. Learn more about how long the car accident claim process takes.
Can I still recover damages if I was partially at fault?
Yes. Under Colorado’s comparative negligence law, you can recover damages if your fault is less than 50%. For example, if you are 20% at fault and your damages are $100,000, you would receive $80,000. We work to ensure fault is accurately assigned. This principle is outlined in Colorado Revised Statutes § 13-21-111.
How much does it cost to hire a lawyer?
At Matlin Injury Law, we work on a contingency fee basis. There are no hourly fees or retainers. We only get paid if we win your case. This allows you to pursue justice without worrying about legal fees. Learn more about how personal injury lawyers get paid.
