Denver Distracted Driving Accident Attorney

Distracted drivers can cause catastrophic injuries and even fatalities in car accidents. If you or a loved one suffered such an incident due to a distracted driver, consult a distracted driving accident attorney. At Genco Injury Attorneys, our personal injury law firm is committed to holding the responsible party accountable and helping victims obtain the financial compensation they deserve. Call us today at 720-802-9120 for a free consultation to discuss your case.

What Steps Should I Take After a Distracted Driving Crash?

If you are injured in a distracted driving car accident, your first course of action should be to seek immediate medical attention. Even if you feel fine, certain injuries may not be immediately apparent. Have a medical professional evaluate your condition to ensure you receive appropriate treatment.

Next, report the accident to law enforcement. Their official report can be crucial when pursuing a legal claim. Gather evidence from the scene, like photographs of the vehicles involved, the location, and any visible injuries.

Consult with a Denver distracted driving accident lawyer as early as possible. They can guide you through Colorado’s distracted driving laws and help you understand your rights.

Possible Compensation After a Distracted Driving Car Accident

The compensation you may receive after a distracted driving crash in Denver depends on several factors, including the severity of your injuries and the extent of your medical bills. In Colorado, you may be entitled to compensation for both economic and non-economic damages.

Economic damages cover quantifiable losses, such as medical expenses, property damage, and lost wages. Non-economic damages compensate for intangible losses, like pain and suffering and emotional distress.

In some cases, you might also be eligible for punitive damages. These are awarded in cases of extreme negligence, such as a distracted driver excessively speeding while also using their cell phone.

Shared Fault in Distracted Driving Cases

Colorado follows a modified comparative negligence rule, meaning if you were also distracted at the time of the accident, your compensation might be reduced by the percentage of your fault. However, even if you were partially at fault, don’t let this discourage you from seeking legal help. An experienced personal injury attorney can argue against claims of shared fault and work to maximize your compensation.

Uninsured or Underinsured Drivers

Not all drivers carry the necessary insurance to cover the damages they cause in an accident. If you’re involved in a distracted driving accident with an uninsured or underinsured driver, you might wonder how you’ll receive compensation for your injuries and property damage.

In Colorado, drivers are required to have uninsured/underinsured motorist (UM/UIM) coverage as part of their auto insurance policy unless they reject it in writing. This coverage can help cover your losses if the at-fault driver doesn’t have enough insurance.

A Denver distracted driving accident attorney can help you navigate the process of filing a UM/UIM claim with your own insurance company. They can also explore other potential avenues for compensation, such as a personal injury lawsuit against the at-fault driver.

Wrongful Death Claims After Distracted Driving Accidents

Losing a loved one in a distracted driving accident is devastating. In addition to the emotional pain, you may also face financial difficulties due to lost income, funeral expenses, and other costs.

In Colorado, certain family members may be eligible to file a wrongful death claim after a fatal distracted driving accident. This can provide compensation for economic losses, such as funeral expenses and lost future earnings, as well as non-economic damages for loss of companionship and emotional distress.

A compassionate and experienced Denver car accident attorney can guide you through the process of filing a wrongful death claim. They can help you understand your rights, gather necessary evidence, and advocate for fair compensation on your behalf.

Time Limit to File a Distracted Driving Claim

In Colorado, the statute of limitations for personal injury claims, including distracted driving cases, is generally three years from the date of the accident. This means you have three years to file a lawsuit against the at-fault driver.

However, there are exceptions to this rule. For instance, if you were under 18 at the time of the accident, the clock doesn’t start running until you turn 18. Also, if the at-fault driver left the state before you could file a lawsuit, the time they were out of state may not count towards the three-year limit.

Given these complexities, it’s important to consult with a Denver car accident attorney as soon as possible after your accident. They can help ensure you don’t miss important deadlines and lose your right to seek compensation.

Hit-and-Run Accidents

Hit-and-run accidents are unfortunately common, and they can complicate the process of seeking compensation. If you’re the victim of a hit-and-run distracted driving accident, you may feel helpless and unsure of your next steps.

In Colorado, it’s illegal for a driver to leave the scene of an accident without providing their information and rendering aid if necessary. If the hit-and-run driver is caught, they can face severe penalties, including criminal charges.

In the meantime, you can still seek compensation for your injuries. Your own insurance policy may cover hit-and-run accidents under uninsured motorist coverage. A Denver car accident attorney can help you understand your policy and guide you through the process of filing a claim.

Defective Vehicle Parts and Distracted Driving Accidents

In some cases, a defective vehicle part may contribute to a distracted driving accident. For example, if the brakes fail while a driver is texting, the resulting accident could be more severe than it would have been otherwise.

In such cases, you may be able to file a product liability lawsuit against the manufacturer of the defective part. These cases can be complex, as they require proof that the part was defective and that the defect contributed to the accident.

A Denver car accident attorney can help you gather the necessary evidence and build a strong case. They can also handle negotiations with the manufacturer’s insurance company and, if necessary, represent you in court.

Passengers in Distracted Driving Accidents

As a passenger in a distracted driving accident, you have the same rights to compensation as a driver. You can file a claim against the other driver’s insurance company for your medical bills, lost wages, and other damages.

If the driver of the vehicle you were in was at fault, you might hesitate to file a claim, especially if the driver is a friend or family member. However, keep in mind that you’re not suing the driver personally; you’re filing a claim against their insurance policy.

A Denver car accident attorney can help you navigate this delicate situation. They can handle communications with the insurance company and work to secure the compensation you deserve while preserving your personal relationships.

Children Injured in a Distracted Driving Accident

If your child was injured in a distracted driving accident, you’re likely feeling a mix of emotions: anger at the distracted driver, worry for your child’s health, and concern about the financial impact of medical bills.

In Colorado, a parent or legal guardian can file a personal injury claim on behalf of a minor child. This can provide compensation for medical expenses, pain and suffering, and other damages.

A Denver car accident attorney can guide you through the process of filing a claim for your child. They can handle the legal details so that you can focus on your child’s recovery.

Commercial Vehicle Operators and Distracted Driving

Commercial vehicle operators, such as truck drivers or delivery drivers, are held to higher standards of care on the road due to the size and potential danger of the vehicles they operate. If you’re involved in a distracted driving accident with a commercial vehicle, the driver’s employer may also be held liable for your injuries.

In Colorado, employers can be held responsible for the actions of their employees while they’re on the job. This means that if a commercial driver was distracted while driving and caused an accident, their employer could be held accountable.

A Denver car accident attorney can help you understand the complexities of commercial vehicle accidents. They can investigate the accident, gather evidence, and build a strong case against both the driver and their employer.

Teenage Distracted Drivers

Teenagers are statistically more likely to be involved in distracted driving accidents due to their inexperience on the road and their frequent use of technology. If a distracted teen driver caused your accident, you might wonder how this affects your claim.

In Colorado, parents can be held liable for the actions of their minor children in certain situations. This means that if a teen was distracted while driving and caused an accident, their parents could potentially be held responsible.

A Denver car accident attorney can help you navigate the nuances of these cases. They can help determine liability, negotiate with insurance companies, and advocate for your rights.

Pedestrian and Bicycle Accidents Caused by Distracted Drivers

A distracted driver accident isn’t limited to other motorists. Pedestrians and bicyclists are often victims of distracted drivers and can suffer severe injuries as a result.

In Colorado, pedestrians and bicyclists have the same rights to seek compensation as motorists. This includes compensation for medical expenses, lost wages, pain and suffering, and more.

A Denver car accident attorney can help you understand your rights and options after a pedestrian or bicycle accident. They can gather evidence, handle negotiations with insurance companies, and fight for the compensation you deserve.

Denial of Responsibility in Distracted Driving Cases

In some cases, the distracted driver may deny responsibility for the accident. They might claim they weren’t distracted or that you were at fault for the accident.

In these situations, it’s crucial to have an experienced personal injury attorney on your side. They can gather evidence to prove the other driver’s distraction and liability, such as cell phone records or witness statements. They can also defend you against any false claims of fault.

Impaired Distracted Drivers

If the distracted driver was also under the influence of alcohol or drugs, this can significantly impact your case. In Colorado, drivers under the influence are considered negligent, and you may be entitled to additional compensation.

A Denver car accident attorney can investigate the accident, determine liability, and negotiate with the rideshare company’s insurance provider on your behalf.

How Can a Denver Distracted Driving Accident Attorney Assist?

Distracted driving accident attorneys can provide invaluable assistance in several ways. They can help you understand the specifics of Colorado distracted driving laws, such as the prohibition of cell phone usage while driving, and how these laws apply to your distracted driving case.

Your Denver distracted driving accident lawyer can gather and analyze evidence like cell phone records or witness statements to prove the distracted driver’s negligence. They can then use this evidence to build a strong case on your behalf.

In addition, a distracted driving accident lawyer can negotiate with the other driver’s insurance company. These companies often try to minimize payouts or deny claims altogether. Your lawyer can advocate for you, ensuring you receive the compensation you deserve for your injuries and other losses.

A Denver car accident attorney from Genco Injury Attorneys can investigate the accident, determine liability, gather evidence, and build a strong distracted driving accident case. Call 720-802-9120 today for assistance with the aftermath of a distracted driving accident.