State law mandates that adult drivers may utilize cellphones while driving to make voice calls only. A motorist may wear an earpiece in one ear for that purpose, but headphones cannot be in both ears. Additionally, motorists are prohibited from manual data entry and transmission on cellphones, such as texting or searching the internet, while operating a vehicle. This includes times when they are stopped at a stop sign or intersection.
These laws are put in place to protect everyone on the road. When a reckless driver breaks one of these laws, they are putting everyone, including themselves, at risk. They should be held accountable for their actions. If you were in a Colorado Springs car accident involving cellphone use, speak with an attorney as soon as possible.
State law has different cellphone use regulations for minors and novice drivers. Any driver under the age of 18 is prohibited from using a cellphone while driving. This prohibition includes making calls, texting, or browsing the internet. This restriction also applies when the teen driver is stopped at a traffic light or stop sign.
In Colorado Springs, if the plaintiff was using their cellphone at the time of the accident, the at-fault driver’s insurance company may argue that the claimant is liable for the collision and that their insured motorist is not completely to blame. Alternatively, if the at-fault driver was using a cellphone at the time of an accident, it bolsters the plaintiff’s claim that the opposing party is responsible.
One of the things that lawyers do is examine all of the facts together, which include the speed of the vehicles to the traffic laws that should have been followed, to whether or not either party was using a cellphone at the time of the motor vehicle accident. Each fact can influence liability determination.
Both parties using their cellphones at the time of a car wreck could create issues regarding liability and embolden each side to blame the other. When there is no agreement as to who is at fault, the case may result in a trial where a jury decides who is responsible for paying damages.
The evidence obtained for car wreck claims involving cellphones in Colorado Springs is similar to information collected for any other motor vehicle accident case. Lawyers gather pictures of the scene, statements from the parties and any witnesses, and any available information about both drivers and their insurance. If a party was using a cellphone at that time of the collision, legal counsel tries to determine if that driver was following the state laws regarding electronic device use while driving.
Colorado Springs car accident involving cellphone use can have devastating outcomes. Because of the level of distraction from the at-fault driver, an injured party could sustain significant bodily harm and property damage. If you were involved in such an accident, you should consult with an attorney who could help you file for damages. Call today to speak with one of our dedicated team members.