Boulder County · Distracted driving
Boulder Distracted driving Lawyers
Boulder distracted driving accident lawyers for crashes on U.S. Highway 36, Foothills Parkway. Free consultation. No fee unless we recover for you.
Proving a Distracted Driving Claim
McCormick & Murphy are Boulder distracted driving accident lawyers for people hurt in Boulder. We get the Boulder Police Department and Boulder County Sheriff’s Office report, the Boulder Community Health Foothills Hospital records, and file in Boulder County Justice Center.
Distraction is not always obvious from the police report. An officer may note that a driver 'failed to see' another vehicle or 'didn't react' before impact, but that doesn't automatically mean a phone or other distraction caused the crash. Building a real claim means connecting the driver's lost attention to the specific moment the collision happened.
We look at what the driver was doing right before impact. Were they slowing down normally, or did they strike you without braking at all? Did witnesses see them looking down, reaching for something, or talking to a passenger? These details help establish that something took the driver's eyes or mind off the road, rather than relying on guesswork.
Colorado law holds drivers to a duty of reasonable care, and a distracted driver who causes a crash can be held liable for the resulting harm. Our job is to gather the facts that show the distraction, not just assert it, so the insurance company and, if necessary, a court can see a clear line between the driver's inattention and your injuries.
Evidence That Supports a Distraction Claim
Phone records, when legally obtainable, can show whether a driver was on a call, texting, or using an app at the time of the crash. Combined with an admission from the driver, a witness who saw the phone in their hand, or dashcam or traffic camera video, this evidence can turn a suspicion into a provable fact. Event data from the vehicle itself can also show braking patterns, speed, and timing that are consistent with a driver who never saw the hazard coming.
Timing matters as much as the type of distraction. A text sent moments before impact, an app opened seconds before the crash, or a witness statement describing a driver glancing at a screen all help establish the sequence of events. We move quickly to request and preserve this evidence because phone data and video footage are not always kept indefinitely, and the sooner we start, the more complete a picture we can build.
- Photos of the vehicles, the scene, and any visible phone or device in the other driver's car
- Contact information for witnesses who may have seen the other driver before impact
- Your own phone records showing you were not distracted, if relevant to the claim
- Copies of the police report and any citations issued
- Medical records documenting your injuries and treatment from the start
Handling Distracted Driving Claims in Boulder
Distracted driving crashes happen throughout Boulder, including on U.S. Highway 36, Foothills Parkway, Arapahoe Avenue, and Broadway. These corridors carry heavy commuter and local traffic, and a driver checking a phone or fiddling with an in-vehicle screen at the wrong moment can cause a serious collision. We also handle claims arising from crashes in nearby Louisville, Lafayette, Superior, Longmont, and Broomfield.
Boulder Police Department and the Boulder County Sheriff's Office typically respond to and investigate crashes within their jurisdictions, and their reports often become a starting point for our evidence gathering. If your case moves into litigation, it will generally be handled through the Boulder County Justice Center. We also coordinate with medical providers, including Boulder Community Health Foothills Hospital, to make sure your treatment records accurately reflect your injuries.
Damages We Pursue in Distracted Driving Cases
- Medical expenses for emergency treatment and ongoing care
- Lost wages and reduced earning capacity from missed work
- Pain and suffering and loss of enjoyment of life
- Vehicle repair or replacement costs
- Future medical care for lasting injuries
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Boulder — and read client testimonials.
After I was hit by a drunk driver with no insurance, my own insurer refused UM benefits. McCormick & Murphy sued for uninsured motorist benefits and bad faith. A jury awarded me over $900,000.
C. O., Denver · UM / bad-faith verdict
Prior results do not guarantee a similar outcome. Every case depends on its facts, coverage, venue, and evidence.
Boulder Distracted Driving Accident Lawyers FAQ
How do I prove the other driver was distracted if they deny it?
We gather supporting evidence such as witness statements, video footage, and event data from the vehicle rather than relying on the driver's own account. Phone records, when legally obtainable, can also confirm activity at the time of the crash. A denial is common, but it does not outweigh solid physical and testimonial evidence.
What if there were no witnesses to the distraction?
Witnesses help, but they are not the only source of proof. Vehicle event data, the timing and pattern of the collision, and any available video from nearby cameras can all point to distraction even without a bystander account. We look at every available source before concluding what evidence exists.
Can I still have a claim if the driver wasn't cited for distracted driving?
Yes. A citation reflects the officer's assessment at the scene, but it is not the final word on what caused the crash. We independently investigate the facts and can pursue a civil claim based on evidence even if no citation was issued for distraction specifically.
What types of distraction do you handle beyond phone use?
We handle cases involving phone use, but also in-vehicle screens, conversations with passengers, eating, or anything else that pulled the driver's attention from the road. The common thread is that something diverted the driver's focus at the critical moment, regardless of the specific cause.
Does it cost anything to find out if I have a claim?
No. We offer a free consultation to review what happened and discuss your options. There is no attorney fee unless we recover money for you.
Discuss a Boulder crash
Free consultation. No attorney fee unless we recover for you.