the City and County of Denver · Distracted driving
Denver Distracted Driving Accident Lawyers
Hit by a distracted driver in Denver? We investigate and build your claim on contingency—no fee unless we recover.
Distracted Driving Claims in Denver
A distracted driving claim rests on proving that the other driver's lost attention directly caused the crash. That means showing what distracted them—a phone in hand, eyes off the road, hands off the wheel—and how that inattention led to their collision with you. Courts and insurers in Denver require this causal link; suspicion alone does not settle a case.
We gather admissions from the driver, statements from witnesses who saw a phone or watched the driver's eyes, police reports from Denver Police Department or Colorado State Patrol, and any available video. When phone records or event data recorders can be legally obtained, we use them to establish the timeline and the driver's divided focus.
You saw it happen. The other driver never looked up. They drifted into your lane, ran the red light, or slammed into you from behind because they were staring at a screen instead of the road. Now you’re hurt, your car is wrecked, and when the police asked, they said they weren’t on their phone.
That’s the part that makes people feel helpless. You know what happened. But how do you prove it when the other driver denies everything?
Building Evidence in Distracted Driving Cases
Witness testimony is often the strongest tool. Someone at the scene who saw the other driver texting, reaching for a phone, or looking down away from traffic can anchor your claim. Dashcam or security footage from nearby businesses, traffic cameras, or other vehicles provides objective proof of the driver's posture and actions just before impact.
Phone records—when the courts allow us to subpoena them—show incoming calls, texts, and app use at the moment of the crash. Event data recorders (EDRs) in modern vehicles log steering input, braking, and other critical actions. Police reports sometimes include observations about driver distraction; admissions the driver makes to officers are also powerful evidence. We coordinate with Denver Health Medical Center and your medical records to document injuries that resulted from the collision.
Immediately after a distracted driving collision in Denver, request the phone records preservation letter from the at-fault driver's carrier—do not wait for a lawsuit. Notify video surveillance owners (nearby stores, traffic lights, building security) in Capitol Hill, Five Points, RiNo, Cherry Creek, and Highland to preserve footage before it cycles and is deleted.
- Phone records when legally obtainable
- App activity and in-vehicle screen evidence
- Admissions about distraction
- Nearby business or dashcam video
- Vehicle event-data / telematics when available
- Preservation notices to insurers and data holders
Colorado's discovery rules allow us to demand electronic data, but only if it was not destroyed in the ordinary course of business—preservation notices create a legal duty to keep it.
Denver Distracted Driving: Roads, Courts, and Your Case
Distracted driving accidents cluster on Denver's busiest routes: Colfax Avenue cutting through Capitol Hill and downtown, Federal Boulevard in Five Points and beyond, I-25 carrying north-south traffic, and I-70 moving east-west through the metro. Each road presents its own hazards—heavy pedestrian zones on Colfax, industrial truck routes on Federal, highway speeds on the interstates. Denver Police Department and Colorado State Patrol investigate these crashes and produce reports that often comment on driver behavior.
Denver District Court handles injury claims exceeding small-claims limits. Insurance companies defending distracted driving cases know our office; we have litigated these claims for years and are prepared to go to trial if settlement negotiations stall. Our goal is to resolve your case fairly and efficiently, but we do not accept lowball offers when the evidence supports your full claim. Most cases settle, but we prepare every file as if we are going to court.
Official Denver hospital, report, crash-record, and court links →
Losses the claim may include
- Medical expenses: emergency room care, imaging, surgery, rehabilitation, ongoing treatment at Denver Health Medical Center or your provider
- Lost wages: time missed from work during recovery and medical appointments
- Pain and suffering: physical discomfort, emotional distress, and loss of quality of life
- Property damage: repair or replacement of your vehicle and personal property in the crash
- Disfigurement or scarring: lasting marks or functional impairment from injuries
- Future medical care: anticipated treatments or monitoring related to crash injuries
What clients say about McCormick & Murphy
Real outcomes and reviews. Check Google reviews for the office that serves Denver — 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.
Denver Distracted driving FAQ
How do you prove a driver was distracted if they deny it?
We gather witness statements, police observations, phone records when legally obtainable, video footage, and admissions made to officers at the scene. If the driver admits texting or checking a phone, that is direct evidence. If not, we use circumstantial proof: a witness saw a phone in their hand, their vehicle drifted or accelerated erratically before impact, or phone records show activity at the exact moment of the crash. The combination of evidence types creates a compelling picture.
What is your fee if I hire you?
We handle distracted driving claims on contingency. You pay no fee unless and until we recover money for you—through settlement, judgment, or arbitration. Our fee is a percentage of your recovery, set by contract. You pay your medical providers and other out-of-pocket costs separately; we discuss those details during your free consultation.
Is there a deadline to file a distracted driving lawsuit in Denver?
Yes. Colorado law gives you three years from the date of the crash to file a personal injury lawsuit in Denver District Court. However, do not wait. Early investigation preserves evidence, finds witnesses, and often leads to faster settlement. Contact us within weeks of the crash so we can issue preservation notices and begin building your file.
Can I recover damages if I was partially at fault?
Colorado follows comparative negligence rules. You can recover damages even if you were partly at fault, as long as you were less than 50% responsible for the crash. Your recovery is reduced by your percentage of fault. If you were 20% at fault and your damages total $100,000, you would recover $80,000. We investigate and negotiate with this rule in mind.
Should I accept the insurance company's first offer?
Rarely. Initial offers are typically lower than what your case is worth. We review any offer, calculate your full damages (medical, wage loss, pain and suffering, future care), and advise whether to accept, counter, or proceed to litigation. You control the final decision; we provide the analysis and advocacy.
Discuss your Denver accident
Free consultation. No attorney fee unless we recover for you.