How Colorado’s New Hands-Free Law Affects Fault in Car Accidents

Colorado hands-free law accident fault is front and center now that the state’s new statute is live. On January 1, 2025, Colorado began prohibiting drivers from holding or manually using a mobile electronic device while driving, with limited exceptions for emergencies and when a vehicle is parked. The new hands-free law in Colorado expands prior restrictions, which primarily covered texting and driving for those under 18, to apply statewide to adults.

With the Colorado hands-free law, accident fault can hinge on device use while driving. If a driver was unlawfully using a handheld device at the time of a car crash, that violation may provide powerful evidence of negligence. Statutory violations of any kind can be used to prove liability, which helps to ensure victims of these crashes retain the right to seek maximum compensation.

Learn More About Your Rights and Colorado Hands-Free Law Accident Fault During a FREE Consultation at Burg Simpson

Have you been hurt by a distracted driver? Call the Denver office of Burg Simpson at 303-792-5595 to schedule a FREE and confidential consultation today. With decades of experience, we know how to investigate these claims to determine if someone else’s phone use played a role in the harm you have suffered.

Why Cellphones Are Dangerous While Driving

There are three types of distraction that can impact a person’s driving ability:

1. Visual. Anything that takes your eyes off the road, such as reading or scrolling, is a form of visual distraction.
2. Manual. Anything that takes your hands off the wheel, like typing or holding, is a form of manual distraction.
3. Cognitive. Anything that takes your mind off driving, such as calls and voice-to-text, is a form of cognitive distraction.

Hand-held device use involves all three types of distraction, making it especially dangerous. Tragically, it is also unbelievably common. In a recent CDOT survey, 77% of Colorado drivers admitted to using their phones while driving, with 42% saying they had picked up a phone to make or receive a call in the week prior.

The National Highway Traffic Safety Administration reports that thousands of people are killed by distracted drivers every year, and hundreds of thousands are seriously injured. In Colorado, nearly 1,500 people are injured in distracted driving accidents annually, with close to 100 deaths. When a driver using a phone causes a crash, a Colorado hands-free law accident fault assessment from a qualified lawyer can help to make sure the negligent party is held accountable for all related damages.

Common Distracted Driving Car Crash Injuries

Injuries that can follow a crash caused by a distracted driver include:

• Traumatic brain injury and concussion
• Injuries to the spinal cord, neck, and back
• Complex fractures and orthopedic injuries
• Internal injuries and organ damage
• Facial trauma and dental injuries
• Psychological injuries (PTSD, anxiety, etc.)

Many of these injuries will require both acute and long-term care. Some may prove impossible to recover from. Others may prove fatal.

When you lose a loved one in a crash caused by a distracted driver, you may be entitled to file a wrongful death claim to seek compensation. As with claims involving injury alone, a Colorado hands-free law accident fault evaluation can help to determine the correct course of action.

Colorado’s Hands-Free Law and Accident Fault

Colorado’s new statute makes it unlawful to hold or manually use a mobile electronic device while driving. The act extends the previous ban on hand-held device use to adult drivers. Penalties for a first-time offense are $75 and 2 points, but escalate with each repeat offense, up to $250 and 4 points for three offenses within 24 months. If a driver has no previous violations and shows proof of purchasing a hands-free accessory, the first offense can be waived.

Notably, Colorado’s new statute does not apply to CDL drivers operating commercial vehicles.

In a civil injury case, violating a safety statute intended to prevent distracted driving crashes can be an indication of negligence. While there may be several factors that contribute to an accident, unlawful phone use can strongly influence how fault is allocated. This means that, if it can be shown the other driver was using a hand-held device at the time of a crash, their share of blame might be increased significantly.

How Is Distraction Proven When Determining Colorado Hands-Free Law Accident Fault?

To prove a driver was using a phone at the time of a wreck, your lawyer may need to review:

• Phone records and metadata showing call, text, or app activity at or near the time of the crash.
• Police reports and citations referencing the hands-free law, on-scene observations, or driver admissions.
• Vehicle and third-party tech, such as infotainment logs, telematics, dash-cam footage, and nearby surveillance video.
• Witness testimony that a driver was holding a device or appeared preoccupied.
• Scene forensics, such as skid marks, that are consistent with delayed perception and response.

During the investigative process, it may be necessary to work with specialists, such as accident reconstructionists, who can ensure all available evidence is reviewed. At the Denver office of Burg Simpson, our attorneys have access to the significant resources of our national firm. We thoroughly investigate these accidents to identify how they happened and who is to blame.

A Quick Note on Hands-Free Devices

While state law allows hands-free technology and even awards drivers who utilize it, there is significant evidence to suggest that it is not safe to use while driving. Safety organizations strongly encourage drivers to avoid using hands-free technology as well as hand-held devices to help keep everyone on the road safe from harm.

If a driver is using hands-free technology and causes a crash, they may still share a larger portion of blame than drivers who were not distracted at the time. Hands-free device use can be identified in many of the same ways as hand-held device usage.

We Are Here When You Need Us

Colorado hands-free law accident fault is not easy to prove. You need a legal team on your side with the experience, resources, and fight to protect your rights and interests, and one that can help you seek the full compensation you are entitled to. For nearly 50 years, Burg Simpson has been successfully handling complex motor vehicle accident claims throughout Colorado. An award-winning firm with dozens of award-winning trial lawyers, we are here to take distracted driving crash claims as far as necessary to help victims of injury get justice.

Burg Simpson has helped countless individuals and families obtain significant settlements and verdicts through smart and aggressive representation. We are unafraid and do not back down, even when cases become complicated. We are here to stand by your side, make sure you are treated fairly, and fight for every penny you are due.

Receive a Colorado Hands-Free Law Accident Fault Assessment for FREE

If you were hurt in Denver, Colorado Springs, Vail, Aspen, Burlington, Fort Morgan, or anywhere in Colorado and you suspect a distracted driver played a role, Burg Simpson is here to help. Use our online contact form or call us today to schedule your FREE case review and learn more.