You’re sitting at a red light, scrolling through your phone real quick. The light turns green, you put the phone down, and start driving. Sound familiar? Yeah, we’ve all been there. But here’s the thing – distracted driving isn’t just about those obvious moments when someone’s texting and driving. It’s become one of the biggest problems on Colorado Springs roads, and if you’ve been hit by a distracted driver, you’re probably dealing with way more than just car repairs.
I’ll be straight with you – dealing with a distracted driving accident is complicated. Insurance companies love to downplay these cases, and proving someone was actually distracted at the time of the crash? That’s trickier than you might think. But here’s some good news: Colorado just implemented a hands-free driving law in 2025, and it’s making these cases a lot more straightforward for accident victims.
The Real Problem with Distracted Driving in Colorado Springs
Let’s talk numbers for a second, because they’re pretty eye-opening. Distracted driving contributes to around 10,000 crashes and 70 deaths annually across Colorado. In 2025, Colorado Springs alone saw 14,000 crashes, with distracted driving being a significant factor in about 25% of all car accidents statewide. That’s not just a statistic – that’s your neighbors, your coworkers, maybe even you.
But here’s what really gets me: since Colorado’s new hands-free law took effect on January 1, 2025, there’s been a 135% increase in distracted driving citations statewide. El Paso County, where Colorado Springs sits, is one of the areas with the highest enforcement activity. So clearly, law enforcement is taking this seriously, but drivers? Well, they’re still struggling to put the phones down.
The types of accidents we’re seeing are pretty predictable too. Rear-end collisions are through the roof because someone was looking at their phone instead of the brake lights in front of them. Pedestrian accidents are climbing because drivers aren’t seeing people in crosswalks. And don’t get me started on the intersection crashes – those are some of the most dangerous ones.
What Makes Colorado’s New Hands-Free Law a Game Changer
Okay, so here’s where things get interesting from a legal standpoint. Colorado’s hands-free law isn’t just about keeping people safer (though that’s obviously the main goal). It’s actually making it much easier for accident victims to prove their case in court.
Before this law, proving someone was distracted was like trying to solve a puzzle with half the pieces missing. You’d need phone records, witness statements, maybe some grainy traffic camera footage. Now? If a driver gets cited for violating the hands-free law, that citation becomes powerful evidence of negligence in your personal injury claim.
Think about it this way: if someone runs a red light and hits you, that traffic violation is pretty clear evidence they were at fault, right? Same thing here. If the other driver was holding their phone when they crashed into you, and they get a citation for it, that’s your smoking gun.
The law prohibits holding or using handheld devices while driving, period. No more “I was just checking GPS” or “I was stopped at a light” excuses. If you’re behind the wheel and the car’s in motion, that phone better be hands-free or put away entirely.
Why Insurance Companies Hate These Cases (And Why That’s Good for You)
Here’s something insurance adjusters don’t want you to know: distracted driving cases with clear evidence are settling about 25% higher than they used to. Why? Because the evidence is getting harder to dispute.
Insurance companies used to love distracted driving claims because they were so hard to prove. They’d lowball settlements, drag out negotiations, and basically bet that you couldn’t definitively prove the other driver was on their phone. But with the new law creating clear violations and increased enforcement creating more citations, their strategy isn’t working as well.
That said, they’re not just rolling over and writing big checks. They’re still going to try to minimize your claim, question your injuries, and find ways to shift blame onto you. That’s where having the right lawyer becomes absolutely essential.
What to Do Right After a Distracted Driving Accident
I know you’re probably reading this after the fact, but just in case you haven’t been in an accident yet (and hopefully you never will be), here’s what you need to do in those important first moments:
Call 911 immediately – even if the accident seems minor. You want that police report, and you want the officer to note if the other driver was using their phone. With the new hands-free law, officers are much more likely to issue citations for phone use.
Document everything with your phone – take photos of the accident scene, the damage to all vehicles, and here’s the key part: look for the other driver’s phone. Is it on their lap? On the seat beside them? Still in their hand? Take a picture if you can safely do so.
Talk to witnesses – other drivers or pedestrians might have seen the other person using their phone before the crash. Get their contact information and ask them to stick around to talk to the police.
Don’t let the other driver convince you not to call police – I’ve seen this happen so many times. The other driver says something like “it’s just a little fender bender, let’s handle this ourselves.” Don’t fall for it. You need that official report.
Get medical attention – even if you feel fine. Adrenaline masks a lot of pain and injury symptoms. Plus, having immediate medical documentation helps your case later.
The Types of Evidence Your Lawyer Will Need
When you’re looking for a Colorado Springs distracted driving accident lawyer, you want someone who knows exactly what evidence to gather and how to get it. Here’s what they should be going after:
Phone records – this is the big one. Your lawyer can subpoena the other driver’s cell phone records to show calls, texts, or data usage at the time of the accident. It’s not always easy to get, but it’s often the most damning evidence.
Traffic citations – if the other driver got a ticket for violating the hands-free law, that’s gold. Your lawyer will use that citation as evidence of negligence.
Witness statements – people who saw the other driver on their phone before or during the accident. These statements can be incredibly powerful in court.
Accident reconstruction – sometimes you need experts to analyze the crash scene, vehicle damage, and other factors to show how distraction contributed to the accident.
Surveillance footage – traffic cameras, business security cameras, even dashcam footage from other vehicles can sometimes capture the moment of impact or the seconds leading up to it.
Common Problems You’ll Face (And How the Right Lawyer Solves Them)
Problem #1: The other driver denies being on their phone
This happens in probably 90% of these cases. Nobody wants to admit they were texting when they rear-ended someone. A good lawyer knows how to get around this denial by focusing on the evidence, not what people say happened.
Problem #2: Insurance companies claim you can’t prove distraction caused the accident
Even if you can prove the other driver was on their phone, insurers will argue that wasn’t the cause of the crash. Maybe they claim the sun was in their eyes, or you stopped too suddenly, or any number of other excuses. Your lawyer needs to be able to connect the dots between the distraction and the specific type of accident that occurred.
Problem #3: Delayed symptoms and ongoing medical issues
Distracted driving accidents often involve sudden, jarring impacts that can cause injuries that don’t show up right away. Whiplash, concussions, back injuries – these can take days or weeks to fully manifest. Insurance companies love to argue that if you didn’t go to the hospital immediately, you must not be that hurt.
What Makes McCormick & Murphy P.C. Different
Look, I could tell you about a lot of personal injury firms in Colorado Springs, but McCormick & Murphy P.C. has some things going for them that you should know about. They’ve been handling personal injury cases since 1995 – that’s nearly 30 years of experience dealing with insurance companies, understanding Colorado law, and fighting for accident victims.
Here’s what I really like about their approach: they have over 60 years of combined legal experience between their attorneys, and they’ve recovered millions of dollars for Colorado clients. But more importantly, they understand how the new hands-free law changes the game for distracted driving cases.
You can find them at their website or visit their office at 929 W Colorado Ave, Colorado Springs, CO 80905. They’re not just handling cases in Colorado Springs either – they also have Denver personal injury attorneys and Pueblo personal injury attorneys if you’re in those areas.
How Much Is Your Case Actually Worth?
This is probably the question you’re most curious about, right? Unfortunately, there’s no magic formula, but I can give you some realistic expectations.
Distracted driving cases typically involve several types of damages: medical bills (both current and future), lost wages, property damage, pain and suffering, and sometimes punitive damages if the behavior was particularly reckless.
The severity of your injuries is obviously the biggest factor. A minor fender-bender with some neck soreness might settle for a few thousand dollars. A serious accident with lasting injuries, surgery, and ongoing treatment? We’re talking potentially six figures or more.
But here’s what’s changed with the new law: cases with clear evidence of hands-free law violations are settling higher. Insurance companies know these cases are harder to defend, so they’re more willing to negotiate reasonable settlements rather than risk a jury trial.
The Settlement vs. Trial Decision
Most distracted driving cases settle out of court, and honestly, that’s usually the best outcome for everyone involved. Trials are expensive, time-consuming, and you never know what a jury might do. But sometimes going to trial is the only way to get fair compensation.
Your lawyer should be prepared for both scenarios. They should be skilled negotiators who can get you a fair settlement, but also experienced trial attorneys who aren’t afraid to take your case to court if the insurance company won’t play ball.
With the new enforcement trends we’re seeing – remember that 135% increase in citations – juries are becoming more sympathetic to distracted driving victims. They understand how serious this problem has become, and they’re more willing to hold distracted drivers accountable.
What About Your Own Insurance?
Here’s something people don’t always think about: your own insurance might be part of the solution. If you have uninsured/underinsured motorist coverage, that can kick in if the other driver doesn’t have enough insurance to cover your damages. If you have medical payments coverage, that can help with immediate medical bills while you’re waiting for the case to resolve.
But be careful – your own insurance company isn’t necessarily on your side either. They might try to subrogate (basically, get reimbursed) from any settlement you receive. A good lawyer will handle these insurance complications for you.
How Distracted Driving Law is Changing
We’re in an interesting time for distracted driving law in Colorado. The hands-free law is still new, and courts are still figuring out exactly how to apply it. But early indications are that it’s making a real difference for accident victims.
There’s also talk of additional regulations coming down the pike. Some legislators are pushing for stronger penalties, mandatory phone-locking apps for repeat offenders, and even requirements for car manufacturers to build better distraction-blocking technology into vehicles.
For now though, the hands-free law is the tool we have, and it’s a powerful one. If you’ve been hit by a distracted driver, this law gives you and your attorney much stronger ground to stand on than victims had even a year ago.
Red Flags When Choosing a Lawyer
Not all personal injury lawyers are created equal, and distracted driving cases require specific knowledge and experience. Here are some warning signs to watch out for:
They promise specific settlement amounts – any lawyer who guarantees you’ll get a certain amount of money is either lying or doesn’t understand how these cases work.
They don’t understand the hands-free law – if they can’t explain how Colorado’s new law affects your case, find someone else.
They want to settle immediately – good lawyers take time to understand the full extent of your injuries and damages before pushing for a settlement.
They don’t have trial experience – insurance companies can smell lawyers who are afraid to go to court, and they’ll lowball those attorneys every time.
Your Next Steps
If you’re dealing with a distracted driving accident in Colorado Springs, don’t wait around hoping the insurance company will do the right thing. They won’t. And don’t try to handle this yourself – these cases are too complex and the stakes are too high.
Start by getting a free consultation with an experienced distracted driving accident lawyer. Most personal injury attorneys, including McCormick & Murphy P.C., offer free consultations where they’ll review your case and explain your options. You can reach them at (719)-389-0400 or email [email protected].
During that consultation, ask about their experience with distracted driving cases specifically. Ask how they plan to prove the other driver was distracted. Ask about their success rate and average settlements for cases similar to yours. And make sure you feel comfortable with them – you’re going to be working together for months, possibly years.
Remember, you’re not just fighting for compensation for your current medical bills and car repairs. You’re fighting for your future medical needs, your lost income, and your pain and suffering. You’re also sending a message that distracted driving has consequences.
The roads in Colorado Springs are dangerous enough without people driving while staring at their phones. By holding distracted drivers accountable, you’re not just getting the compensation you deserve – you’re making the roads safer for everyone.
Don’t let a distracted driver’s poor decision ruin your life. Get the legal help you need, and get the compensation you deserve. You can visit McCormick & Murphy P.C. for more information about their services and to see their professional credentials and client reviews.
The bottom line? Distracted driving accidents are serious, but with Colorado’s new hands-free law and the right legal representation, you’re in a much stronger position than accident victims were just a few years ago. Don’t waste that advantage.
