As you probably know, it is against the law in Colorado to text message while you are driving. But despite laws like we have in Colorado, there is strong evidence that they do not deter text messaging, or discourage drivers from using their cell phones while driving. Information at the website www.Distraction.gov provides some sobering statistics. While you are reading this, there are probably about 660,000 incidents of people using their cell phones while driving in America. The National Highway Transportation Association, NHTSA, reports that in 2013, there were 3,154 people killed, and 424,000 people injured in motor vehicle collisions with distracted drivers, i.e. drivers that were using their cell phones, text messaging or using a tablet computer while driving. NHTSA also estimated that in 2013 distracted drivers were responsible for:
18% of all motor vehicle accident injuries
10% of all motor vehicle accident fatalities
The actual statistics are believed to be much higher, due to under-reporting of such events, or a lack of evidence proving that one of the drivers was using an electronic device at the time.
So, despite the good intentions underlying Colorado's anti-texting statute, you are not safer on the road because of it. Use of cell phones while driving is a dangerous activity, and its frequency is trending upwards.
If another driver is texting and crashes into you, he or she is negligent, as a matter of law, under our Colorado statute. But the catch is you have to prove they were texting. Or, if the other driver was on their cell phone when they crashed into you, proof that they were on a cell phone is critical evidence. In either case, you need to discover and preserve this evidence! The best way to find out, and preserve such evidence, if you've been hurt in a motor vehicle collision is to get an experienced attorney on your injury case as soon as possible after the collision.
If you have any reason to believe you were injured by another driver, who was texting or using their cell phone, we can find out the truth and preserve the evidence.
