Distracted driving has become one of the leading causes of car accidents in Denver and across the country. Whether it’s checking a text message, adjusting the GPS, or even daydreaming, distractions take a driver’s focus off the road and put everyone in danger. If you’ve been injured in a car crash caused by a distracted driver, it’s essential to understand how Denver car crash lawyers navigate these complex cases and what steps they take to fight for your rights.
What is Distracted Driving?
Distracted driving refers to any activity that diverts a driver’s attention away from the task of driving. There are three main types of distractions:
- Visual: Taking your eyes off the road.
- Manual: Taking your hands off the wheel.
- Cognitive: Taking your mind off driving.
Examples of distracted driving include texting, using a smartphone, eating, talking to passengers, or even simply being lost in thought. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,142 lives in 2020 alone. In Colorado, distracted driving has increasingly become a significant cause of accidents, leading to severe injuries and fatalities.
Challenges of Distracted Driving Cases
While distracted driving may seem straightforward, proving it in a legal case can be a challenge. Denver car crash lawyers face several obstacles when navigating these cases:
- Proving Distracted Driving: Unlike speeding or drunk driving, distracted driving is not always easy to prove. There may not be visible signs or physical evidence showing that a driver was distracted. Car crash lawyers often need to gather extensive evidence, which may include:
- Phone records to determine if the driver was texting or using their phone at the time of the accident.
- Surveillance footage from traffic cameras or nearby businesses.
- Witness testimony from people who saw the driver engaging in distracted behavior.
- Expert accident reconstruction to show how the distraction caused the crash.
- Comparative Negligence: Colorado operates under a modified comparative negligence rule, which means that even if the distracted driver was primarily at fault, the injured victim’s compensation can be reduced if they are found to be partially responsible for the accident. For example, if you were speeding or not wearing a seatbelt at the time of the crash, the distracted driver’s legal team may argue that you contributed to the accident or your injuries. Denver car crash lawyers must build a solid case to minimize the impact of comparative negligence and maximize compensation for their clients.
- Insurance Company Tactics: Insurance companies often try to downplay the severity of distracted driving accidents or deny claims outright. They may argue that the distraction wasn’t the primary cause of the crash or that the victim’s injuries aren’t as severe as claimed. Skilled car crash lawyers in Denver are well-versed in countering these tactics by gathering thorough evidence, working with medical experts, and negotiating aggressively to secure fair compensation for their clients.
Defenses in Distracted Driving Cases
Defending against distracted driving claims can be tricky, but defense attorneys often use several common strategies. Understanding these defenses can help victims and their lawyers anticipate the challenges ahead:
- Denial of Distraction: The at-fault driver may simply deny that they were distracted at the time of the crash. Since distractions like daydreaming or listening to music don’t leave physical evidence, the driver may claim they were fully attentive when the accident occurred. In such cases, it’s crucial to gather strong evidence to prove otherwise, such as phone records or witness statements.
- Blame-Shifting: Defense lawyers may attempt to shift the blame onto the victim. For instance, they may argue that the injured party was speeding, changing lanes recklessly, or driving under the influence. Denver car crash lawyers must be prepared to refute these claims and demonstrate that the primary cause of the accident was distracted driving.
- Contributory Negligence: As mentioned earlier, Colorado’s comparative negligence laws allow for shared fault in an accident. Defense attorneys may argue that the victim contributed to the crash in some way. Even if the distracted driver was at fault, a skilled defense attorney may try to reduce their client’s liability by highlighting any possible negligent actions on the victim’s part.
How Denver Car Crash Lawyers Can Help
If you’ve been injured in a car crash caused by a distracted driver, having an experienced Denver car crash lawyer on your side is essential. Here’s how they can help:
- Thorough Investigation: A lawyer will conduct a comprehensive investigation to gather evidence proving that distracted driving caused the accident. This may involve obtaining phone records, eyewitness testimony, and expert analysis.
- Negotiating with Insurance Companies: Car crash lawyers are skilled negotiators who can push back against lowball offers from insurance companies. They’ll work to ensure that you receive the compensation you deserve for medical bills, lost wages, pain and suffering, and other damages.
- Litigation: If a fair settlement can’t be reached, a car crash lawyer can take your case to court and advocate on your behalf.
Searching for Denver Car Crash Lawyers?
Distracted driving accidents in Denver present unique challenges, but with the help of a skilled car crash lawyer, you can navigate these obstacles and pursue the compensation you deserve. If you or a loved one has been injured in a car accident due to distracted driving, don’t wait to seek legal help. Contact the William McBride Law Group today to discuss your case and learn how we can help you fight for justice.