Texting while driving was banned in Colorado in 2009. The law restricts the use of any handheld digital device for reading or sending texts, messages, emails, tweets or other similar actions. Young drivers – those under 18, are restricted from any cellphone use while operating a vehicle. The first offense will involve a $50 fine, and the second offense a $100 fine, but if an accident takes place and it is proven that the driver responsible was texting while driving, the consequences will be far greater. An accident in which others are injured or killed could lead to serious felony charges being filed against the negligent driver.
A victim of a texting driver can file a claim or civil lawsuit to recover damages from the responsible party. The value of the claim will be based upon the degree of the injuries, the expected period of time it will require to recover from the injuries, the costs of medical care and treatment, rehabilitation, lost wages and all estimated future losses, as well as pain and suffering or other non-economic damages. If the negligent driver is covered by insurance, the insurance company will be required to pay up the injured party. If the insurance coverage is not adequate to cover the damages, further legal action can be taken by filing a lawsuit in civil court. Property, bank accounts and other assets owned by the negligent driver may be used to pay the award decided by the jury in such a case. There may be requirements to make payments over a long period of time.
Essentially, a texting driver will be held liable for injuries and other damages if an accident was the result of distracted driving due to texting. The law prohibits this activity, so there is little to no chance that the jury will not find in favor of the victim. When a victim is hoping to recover the maximum possible, it is advised that a personal injury lawyer is retained. At The Law Firm of Ted Bills, you can be represented by one of the most respected personal injury lawyers in the state. Call the firm for more information about compensation in cases of texting while driving.