Member of the Colorado Bar Association since 2014. Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in Colorado car accidents, other auto accidents, and Colorado personal injury incidents.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Springs Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Colorado personal injury lawyer, Christopher Nicolaysen, you can do so here.
Springs Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
Texting while driving may not seem like a major safety risk for some people.
After all, most people could read or respond to a text in a matter of seconds.
However, those seconds could quickly result in a devastating motor vehicle accident under the wrong circumstances.
When a driver who was texting causes an accident, anyone they injure as a result could bring a legal claim against them.
A skilled car crash attorney could evaluate these claims and advise the injured party of their legal rights.
While a texting driver could cause a crash, it is not always simple to demonstrate fault.
Therefore, if you were in a Castle Rock car accident caused by texting and driving, a local lawyer could assist you in building a strong case and prevailing at trial against the negligent driver.
In Castle Rock, texting while driving regulations fall under Colorado Revised Statute §42-4-239.
Under this law, drivers are barred from text messaging while behind the wheel.
However, there are some important exceptions to this rule.
A motorist may utilize a mobile phone while driving during the course of an emergency or to contact any public safety entity.
These regulations can have an impact on more than just a motorist’s driving record.
If a driver is convicted of texting while driving at the time of a vehicle accident, a Castle Rock attorney could use that conviction as evidence of negligence in a civil claim.
To prove negligence at trial, it is not enough for a Castle Rock attorney to merely allege the defendant caused the car wreck because they were texting and driving.
Proving negligence requires more than allegations; it requires evidence of a few specific factors.
These include:
Every motorist owes a duty to others on the road to drive safely.
The act of texting while driving is a breach of that duty.
Some forms of evidence that could establish a driver was texting at the time of an accident may include eyewitness testimony or an admission by the driver.
While this evidence might sway a jury, the at-fault party’s phone records are often the most powerful evidence available.
These records can show the exact time that a person was using their phone.
If these times match up to the time of the crash, this could prove that a defendant was texting and, therefore, violated their legal obligation to drive safely.
Texting while driving is a dangerous activity that puts other people at risk.
If you were in a Castle Rock car accident caused by texting and driving, you could have a strong legal claim against the careless motorist.
A lawyer could assist you throughout the process of bringing that claim, from negotiating a settlement to filing a lawsuit.
To begin the litigation process, schedule your consultation today.
Partner
Attorney, Christopher M. Nicolaysen focuses primarily on helping those injured in car accidents due to no fault of their own.
The personal injury matters include auto accidents, bicycle accidents, pedestrian accidents, and trucking accidents.
Chris truly enjoys helping clients through a difficult time and helping them get the compensation they deserve.
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I was uneasy about reaching out to a law firm after being in an accident that left me injured and my vehicle totaled. I don’t care for the idea of suing for what was very clearly an accident. However, after learning more about the overall process of working with a professional team to navigate the murky waters of the insurance world, I was pleasantly surprised to find that the experience wasn’t as gross as I’d originally felt about it.
Springs Law is very friendly and professional. I always felt that they were on my side and cared about my injury and what I was going through. I highly recommend them.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
I never have a problem with getting a response when I need them – which is not the case with most other firms. They really truly care about each client. As a plus, they always have positive attitudes, which matters tremendously when you are in a stressful legal situation.
Big thanks to Mr. Jake Kimbell and his team for their assistance with my case. He helped me through an incredibly challenging part of my life, and most importantly helped navigate through the convoluted legal channels of my case. I cannot thank him and his team enough for their support.
The entire team at Springs Law group has been nothing but amazing. Jake and the rest of the staff were great to work with and extremely professional. They were very attentive and answered any questions and concerns I had. I was always able to contact them and they were very responsive and communicated with me.
Springs Law Group is an amazing group to work with! I got into a rough accident, and they never ceased to let me know they were there working hard to help me in my hour of need. It was always very easy to reach out to someone if I had any questions, and they were always happy to answer any questions I had.
