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Distracted driving killed 3,522 people in the United States in 2021, according to the National Highway Transportation Safety Administration (NHTSA). Distracted driving is a problem, especially among young adult drivers aged 15 to 19 who engage in risky behavior while driving, such as emailing and texting. Distracted driving is a public safety issue that many states are trying to address with regulations, public awareness campaigns, and police enforcement. When a driver is distracted, they not only put their lives at risk but the lives of other drivers as well as those in the vehicle with them.
If you or a family member has been injured or killed in a distracted driving accident in Colorado, contact the Denver distracted driving accident attorneys at Fuicelli & Lee, to find out if you are entitled to compensation for your injury or loss.
Why Choose Fuicelli & Lee
- Fuicelli & Lee is an accomplished Denver personal injury law firm, representing clients who have suffered catastrophic injuries as a result of someone else’s reckless or careless actions.
- As a boutique law firm, we don’t measure our success by the volume of cases we handle, but by the difference we make in our clients’ lives.
- When necessary, we are ready to make hospital visits for our clients.
- We strive to obtain full, fair, and complete compensation for every client, every time.
If you have been injured in a distracted driving accident, you can call us at (303) 355-7202 to get more information about how an attorney can help in your situation. Additionally, if you are an attorney with a strong but difficult distracted driving case, we are happy to offer our experience and resources to assist you in getting the maximum compensation for your client.
What is Distracted Driving?
As the name implies, distracted driving is any activity that distracts a person’s attention while operating a motor vehicle. Some common distractions among drivers include talking on a cell phone, texting, talking to people in your vehicle, fidgeting with the stereo or navigation system, and putting on makeup.
When a driver takes their eyes off the road or hands off the steering wheel for even a second, the consequences can be disastrous. Distracted driving accidents can cause serious injuries or the death of a loved one, and result in mounting medical bills and property damage.
What can I be Compensated for if I’ve Been Hit by a Distracted Driver?
Compensatory damages from car accidents, including distracted driving accidents, are divided into two basic categories—economic damages and non-economic damages.
Economic damages, also called specific damages, are the out-of-pocket expenses you incur due to your accident-related injuries. This includes medical bills and other expenses, such as:
- Emergency response service
- Surgeries and procedures
- Physical therapy
- Home health attendants
- Medical drugs and devices
- Lost wages from missing work due to your accident-related injuries
Non-economic damages, also called general damages, are the intangible ways a car accident can affect distracted driving victims such as:
- Physical pain and suffering
- Chronic pain
- Disfigurement and scarring
- Emotional distress and mental anguish
- Post-traumatic stress disorder
- Loss of quality of life or enjoyment in life
- Loss of consortium
Before you can receive compensation for your distracted driving crash, you must prove negligence on the part of the distracted driver
Proving Negligence on the Part of Distracted Drivers
Negligence is a legal principle that seeks to compensate any person injured due to the reckless or careless actions of another person or entity, for losses suffered as a result of their injury. To succeed in a negligence claim, the injured person must prove all the elements of negligence, which are:
- The responsible party owed the injured person a duty of care. All drivers owe a duty of care to all other road users, for example.
- The responsible party breached their duty of care, meaning that they acted in a way that put the safety of other road users at risk.
- The breach was the proximate cause of the injury. Sometimes, only a thorough investigation can reveal the proximate cause of a person’s injury.
- The injured person suffered actual damages.
A Denver distracted driving accident attorney can help you prove these elements and recover compensation for all your damages.
Negligence Per Se
A person injured in a distracted driving accident may be able to make a claim based on the legal principle of negligence per se. With negligence per se, the injured person does not have to prove that the responsible party owed them a duty of care if they can show that the responsible party violated a law. The violation of any law which imposes a duty or prohibits an act for the benefit of any person or the public is a breach of duty. In this case, the violation of any traffic regulations that prohibit distracted driving is an automatic breach of a duty of care to other road users.
The injured person must show that the responsible party violated traffic regulations prohibiting distracted driving. For example, Colorado law explicitly prohibits the use of cell phones by drivers under the age of 18 while operating a vehicle. Drivers over the age of 18 are prohibited from engaging in text messaging or other similar usages of a cell phone.
Colorado Statute of Limitations
If a distracted driver caused you serious injuries and other damages and you wish to seek financial compensation through a distracted driving claim, Colorado’s statute allows you only three years to file a claim. That may sound like a lot of time, however, it takes time for an experienced Denver car accident attorney to build your case, so don’t delay.
Contact Our Denver Distracted Driving Accident Lawyer
If you have been injured in a distracted driving accident, you may find it difficult to prove all the elements of your case on your own. The insurance companies may also try to get you to sign a settlement that may not be in your best interest. The best way to protect your interest is to hire a lawyer who knows the law and can fight for you. At Fuicelli & Lee, our results speak for themselves. Call us today at (303) 355-7202 to schedule a free consultation with one of our skilled Denver car accident attorneys.
Fuicelli & Lee, PC – Denver Office
1731 Gilpin Street
Denver, CO 80218
P: (303) 355-7202