Colorado Law: Texting and Driving

Written by Jeremy D. Earle, JD

April 27, 2023

Colorado Springs Car Accident Law Firm

Cell phones and other portable handheld gadgets have hugely influenced driving in the United States. These gadgets, which are no longer considered a luxury but rather a need, are constantly at your fingertips, ready to offer you the power to communicate, study, and amuse you at any time.

Regrettably, some individuals consider the time spent driving in those times. Many drivers are distracted by their mobile devices when fully focused on the road, placing themselves and others around them in danger. We want to reduce these completely avoidable collisions, and texting and driving rules are one way to do it.

DRIVING WHILE TEXTING POSES A SERIOUS RISK TO PUBLIC SAFETY

According to the National Highway Safety Administration, distracted Driving caused 3,142 fatalities in the United States last year (NHTSA). Distracted driving-related deaths may occur when drivers lose attention while looking at a device for a few seconds. It is virtually always possible to avoid this needless loss of life.

No one is immune to the allure of a glance at a device while driving. What was formerly thought to be an issue mainly affecting reckless, risk-taking youth has grown into a problem affecting all generations of drivers and screen users.

People of all ages regularly participate in forms of distracted Driving that include cell phone use. While teens and new drivers remain at the greatest risk, adults of all ages frequently engage in distracted Driving that involves cell phone use.

Many states have established tough anti-texting and driving legislation and started efforts to urge drivers to concentrate on road safety while traveling to limit the number of catastrophic accidents due to texting and Driving. I was texting while driving is now prohibited in 48 of the 50 states. Twenty-five states have gone even farther, forbidding the use of handheld devices while driving.

While the passage of these regulations is a step in the right direction to reduce the number of distracted driving injuries and deaths, texting and driving remain a serious concern to the safety of Colorado drivers and passengers.

WHAT IS THE TEXTING AND DRIVING LAW IN COLORADO?

Several rules relating to mobile phone use while driving are presently on the books in Colorado. Although Colorado has not established a blanket ban on portable device use while driving, various local laws around the state prohibit all mobile phone use by drivers. As a result, all drivers should become aware of Colorado’s mobile phone rules and the laws of any local governments they may encounter throughout their route.

The following is an overview of Colorado state legislation regarding using a mobile device while driving.

COLORADO’S TEXTING WHILE DRIVING LAWS EXPLAINED

Texting behind the wheel of a moving car is unlawful in Colorado. The act of sending or receiving texts while driving is defined as this.

Using a handheld device while driving in a school zone is prohibited.

During the first six months of Driving, every motorist with a learner’s permit is prohibited from using a mobile phone in any way.

All drivers under 18 are prohibited from using a portable device while driving.

Bus drivers are not permitted to use their cellphones in any way while driving a bus with children on board.

IS IT ILLEGAL TO USE A CELL PHONE WHILE DRIVING IN COLORADO?

No. Although texting or sending emails while driving a car is forbidden in Colorado, other acts utilizing mobile phones that might cause injureful distractions and accidents are allowed.

For example, Colorado’s texting and driving legislation simply forbid texting while driving a moving car. However, when a car is halted, it specifically authorizes the same action. As a result, it seems that texting while stopped at a red light or stop sign is not illegal in Colorado.

Because drivers lose concentration while texting, pedestrians, cyclists, and others may be in danger of accidents near junctions, they must refocus their attention after the traffic light turns green. They are more prone to make incorrect judgments as a result.

Similarly, since Colorado law does not include a blanket restriction on using a device with your hands while driving, it seems that drivers may use their mobile phone to chat on the phone, program a GPS, or even listen to music while driving.

As previously indicated, several localities have established prohibitions on these activities. Still, the absence of a state law banning means that vast sections of the state are free to engage in risky, distracted driving behaviors utilizing mobile phones.

 

WHILE DRIVING IN COLORADO, THE LIMITATIONS OF HANDHELD DEVICE LAWS

The many loopholes and patchwork of regulations and ordinances in Colorado may confuse and obstruct the main purpose of preventing mobile phone usage while driving.

In principle, a Colorado police officer may pull over a car and issue a penalty for texting while driving. Unfortunately, the law’s permissiveness in terms of other, non-messaging- related uses of mobile phones and the fact that some cell phone usage is conditioned only on a driver’s age make real-world enforcement difficult and inconsistent.

In actuality, a broad range of risky screen-based device usage occurs daily in Colorado, placing drivers, passengers, and the general public at risk of catastrophic accidents, injuries, and death.

DISTRACTED DRIVING ISN’T JUST ABOUT TEXTING.

Distracted driving legislation in Colorado and public awareness initiatives by the Colorado Department of Transportation are largely focused on texting and mobile phone usage.

However, this restricted emphasis misses the fact that driving distractions may take various forms. Any kind of cell phone usage is a injureful distraction for a motorist. Furthermore, the Centers for Disease Control and Prevention (CDC) states that distracted Driving may occur even when a motorist is not using a mobile phone.

Distracted Driving that isn’t caused by a mobile phone includes: Tuning a dashboard radio or programming a dashboard GPS Interacting with a passenger, particularly one in the back seat Reaching for something on the ground

Consumption of food or drink

Using a visor or a portable mirror to check hair or cosmetics

Turning up the music so loudly that you can’t hear what’s going on outside the car Overly passionately singing along to music (a.k.a. “rocking out” behind the wheel)

While none of these actions are explicitly prohibited in Colorado, any of them may result in a hazardous lack of attention that results in an accident. If it occurs and you are injured due to a distracted driver, you may have a valid claim that a car accident attorney may pursue on your behalf.

 

WHAT IS SO DANGEROUS ABOUT DISTRACTED DRIVING?

Every day, many Texans spend hours in their cars. They grow so used to Driving and believe they have gained so much expertise behind the wheel that they feel at ease indulging in distracting hobbies. Some people consider themselves to be excellent multi-taskers…

However, multitasking is not permitted in the car. Unfortunately, most Colorado drivers are unaware that there is no such thing as safe distracted Driving for the great majority of us. (In reality, according to academics, multitasking is most likely fiction.)

According to the Colorado Department of Insurance, an car going at 55 mph covers a distance of a football field in the five seconds it takes to read or send a text. That’s more than enough space and time to make the difference between slowing down and crashing into a traffic bottleneck ahead.

DISTRACTIONS OF ALL TYPES INTERFERE WITH THREE BRAIN/BODY ACTIVITIES CRITICAL TO MAINTAINING CAR CONTROL:

Vision. Keeping your eyes on the road ahead is essential for safe driving. Distracted drivers lose visual awareness of driving circumstances and their own car’s speed, the direction of travel, and closeness to other cars and roadside items when they glance away from the road.

Control is done by hand. Keeping both hands on the wheel is one of the first things we learn as drivers. Distractions have a way of making us disobey that cardinal rule, resulting in an inescapable loss of control over our cars. The time it takes to reclaim control and return our hands to the wheel might spell the difference between life and death.

Awareness of cognitive processes. Finally, safe drivers must maintain mental attention on the job at hand: driving safely. It’s all too tempting to believe that after a few hundred hours behind the wheel, we’ve become “skilled” drivers.

However, even the most experienced driver must be awake and aware of the many continual choices that go into successfully driving a car. Distractions may effectively switch off the areas of our brains that make such judgments, exposing us to errors and accidents.

DISTRACTED DRIVING’S CONSEQUENCES

The dismal pattern of accidents on Colorado roadways is partly due to the constant pull of distractions for drivers of all ages, which has only grown as mobile phones and other screen- based gadgets have invaded our lives.

It is estimated that 100 persons die every day in the United States due to distracted driving accidents. In Colorado alone, the Colorado Department of Transportation stated that driver

 

distraction caused over 97,000 accidents in 2019. Three hundred seventy-eight people died due to the accidents, while nearly 2,500 others were seriously injured.

Texans are suffering physically, emotionally, and financially due to these needless deaths and tragic injuries. It is up to us to do our bit in preventing them. One approach to do this is to make distracted drivers financially liable for their activities, which result in accidents, injuries, and losses.

ACCIDENTS CAUSED BY DISTRACTED DRIVING: FINANCIAL LIABILITY

No of their age, degree of experience, or competence behind the wheel, all drivers owe a fundamental duty of care to their passengers, other motorists, and the general public not to participate in reckless Driving that might result in an accident.

When injured or killed in an accident, an irresponsible motorist may owe compensation to the accident victims.

Distracted Driving is illegal in Colorado because it is an excessively unsafe driving conduct that may result in an accident and responsibility for the driver and other parties at fault. In other words, victims of any kind of distracted driving accident, not only texting while driving, may be able to claim damages.

Victims may be able to get compensation for the following things if they file a lawsuit to seek those damages:

Medical costs incurred in the past, present, and future as a result of an accident injury

Other costs incurred due to a distracted driving accident, such as repairing or replacing damaged property.

Lost earnings and income due to missing work due to an accident injury or a handicap that prohibits you from returning to work.

Physical suffering, mental anguish, loss of pleasure of life, loss of a loved one’s company, and other non-monetary damages

WHAT CAN A CAR ACCIDENT ATTORNEY DO IF YOU’VE BEEN INVOLVED IN A TEXTING AND DRIVING OR OTHER DISTRACTED DRIVING ACCIDENT?

Injury from a car accident may have a long-term effect on your life and money. Serious injuries may need you to miss weeks or months of school or employment. You may have persistent pain and mental distress as a result of them. They may prevent you from participating in hobbies, sports, or other activities. They may cause problems in your most important personal connections. They could even take your or a loved one’s life.

If a distracted driver caused the collision that resulted in these injuries, you are entitled to compensation. An expert Colorado car accident injury lawyer can assist you in obtaining that compensation. Contact an experienced accident injury lawyer for a free consultation to learn more about your rights and choices.

Warrior Car Accident Lawyers

1902 W. Colorado Ave., Suite 100

Colorado Springs, CO 80904

719-300-1100

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