Due to new Colorado and federal laws, if you have an accident while using a cell phone, the probability of liability is very high. Colorado state law allows municipalities to also enforce their own cell phone regulations. Not only is cell phone use while driving illegal, but it can expose you to lawsuits from Denver personal injury attorneys.
Although exact laws regarding moving violations change depending on the jurisdiction, general negligence law applies to most civil situations. To prove negligence and win the case, the plaintiff in the suit has to prove that careless driving by the other driver caused the accident. In Denver, recent cases have provided some case law indicating that driver use of a cellphone during an accident was grounds for negligence. These Denver accident attorneys have more experience in this area of law than most lawyers.
On the other hand, injured plaintiffs have still won cases, but had their claims reduced because they were using a cell phone. In such a case, the court will usually reduce the settlement by a percentage of the determined liability. Simply using a cell phone during an accident is not evidence of liability in all jurisdictions. Some things that will be considered dangerous driving by any Denver injury lawyer are: Driving with one hand, Taking your eyes off the road to dial or pick up a cell phone, Simply being distracted from surroundings because of your own or a passenger's cell use, Being distracted by an emotional call.
Proving that a defendant acted in any of these ways is a good first step in proving liability. When an employee causes a car accident, the employer may be liable if the employee was on a work-related call. Plaintiffs usually sue employers because they are more likely to have the money to pay for an accident. To counteract this, most employers forbid their employees to make any work calls while driving. This is mostly just to cover the company's behind, because then they can lay the blame on any accidents on the driver.
Another important area of law to consider is parent-child responsibility for cell use. Recently, some plaintiffs have argued that if the parents provide a minor with a cell phone and allowed them to use it in the car, then the parents were liable. Fortunately for parents, Denver accident lawyers have yet to be able to definitively prove a case in such a way. However, it is something that all parents should be aware of.
On the other hand, Colorado has special cell laws for teen drivers. Teens who do not yet have a full licence are not supposed to use cell phones in any way while driving. Insurance companies may increase premiums are possibly even not pay when cell phone use is involved, so be careful.
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