Pueblo Distracted Driving Accident Lawyer

You know something was wrong. The other driver never hit the brakes. Never swerved. The impact felt like they never even saw you. You might have caught a glimpse of their phone in their hand or lying on the dashboard after the crash. But the police report doesn’t mention it. The insurance adjuster is treating it like any other accident. And you’re left wondering if what you know to be true even matters.

It matters. Evidence of distracted driving exists even when it isn’t obvious at the scene. Phone records, witness statements, surveillance footage, event data recorders — these pieces of proof are out there. The question is whether someone knows how to find them before they disappear.

At McCormick & Murphy, we handle distracted driving accident cases in Pueblo and throughout southern Colorado. We know how to build a case when the other driver’s attention was somewhere other than the road. And we know how to do it quickly, before critical evidence is lost.

What Counts as Distracted Driving in Colorado

Most people think of texting. That’s part of it. But distracted driving covers far more than looking at a screen.

Under Colorado law, any activity that takes your attention away from operating the vehicle safely can constitute distracted driving. That includes:

• Texting or using apps while driving
• Talking on a handheld phone
• Programming a GPS or adjusting navigation
• Eating or drinking
• Applying makeup or grooming
• Reaching for objects in the car
• Talking to passengers in a way that diverts attention from the road
• Adjusting the radio or climate controls
• Reading — anything from billboards to paperwork
• Watching videos or looking at images on any device

Colorado has specific restrictions on cell phone use. Drivers under 18 are prohibited from using a mobile device for any reason while driving. All drivers are banned from texting while operating a vehicle. And as of 2020, holding a phone to your ear while driving is illegal statewide.

But liability doesn’t depend only on whether the driver violated a specific statute. If any behavior took their eyes off the road, their hands off the wheel, or their mind off the task of driving, and that behavior caused the crash, they can be held responsible.

Why Proving Distraction Matters for Your Claim

Distracted driving changes the value of your case. It demonstrates negligence clearly. It often reveals a pattern of dangerous behavior. And in some situations, it opens the door to punitive damages — compensation designed not just to make you whole, but to punish reckless conduct.

Insurance companies know this. That’s why they downplay it. They want to treat your crash as a simple rear-end collision or failure to yield. They prefer to negotiate as if this were an ordinary accident caused by a momentary lapse in judgment.

But there’s nothing ordinary about a driver who chose to prioritize their phone, their lunch, or their makeup over the lives of everyone around them. When we can prove distraction, we can push for the full compensation you deserve — medical bills, lost income, pain and suffering, and in some cases, punitive damages that reflect the true nature of what happened.

How We Prove the Other Driver Was Distracted

Evidence doesn’t always announce itself. The police officer at the scene might not ask about phone use. The other driver will rarely admit they were texting. Witnesses might not have seen the exact moment of distraction. But the proof still exists if you know where to look.

Cell Phone Records

Your attorney can subpoena the other driver’s phone records. These records show the time of calls, texts, and data usage. When phone activity aligns with the moment of the crash, it’s powerful evidence. Carriers keep these records, but they don’t preserve them indefinitely. Acting quickly is essential.

Phone Forensics

In some cases, a digital forensic expert can examine the phone itself to determine what apps were open, what actions were taken, and precisely when. This goes beyond carrier records and can reveal activity that doesn’t show up in billing statements — like scrolling social media or watching videos.

Event Data Recorders

Most modern vehicles have event data recorders, similar to black boxes in airplanes. These devices capture data in the seconds before a crash: speed, braking, steering input, throttle position. They can show whether the driver attempted to brake or swerve — or whether they simply plowed forward as if they never saw you at all.

Traffic and Surveillance Cameras

Pueblo has traffic cameras at key intersections. Nearby businesses may have surveillance systems that captured the moments before the crash. We request this footage immediately, because many systems overwrite recordings after a short period.

Witness Testimony

Other drivers and passengers may have seen the at-fault driver looking down, holding a phone, or engaging in other distracting behavior before the collision. We interview witnesses while their memories are fresh and document what they observed.

Admissions and Statements

Sometimes the other driver makes statements at the scene or in conversations with their insurance company that reveal distraction. We preserve these statements and, when appropriate, use them to support your claim.

The Timeline That Matters

Evidence has a shelf life. Phone records may be purged. Surveillance footage gets deleted. Witnesses forget details or move away. The car gets repaired and the event data recorder is wiped.

In Colorado, you generally have three years from the date of the accident to file a personal injury lawsuit. That might sound like plenty of time. But the work of building a strong case needs to start immediately — long before any filing deadline.

We send preservation letters to the at-fault driver, their insurance company, and relevant third parties as soon as you hire us. These letters put them on notice that they must preserve evidence, including phone records, vehicle data, and any video footage. Destroying evidence after receiving a preservation letter can have serious legal consequences for the other side.

What Happens If You Share Some Fault

Colorado follows a modified comparative negligence rule. You can recover damages as long as you are less than 50% at fault for the accident. Your compensation is reduced by your percentage of fault.

Insurance companies love to shift blame. They might argue that you were speeding, distracted yourself, or failed to avoid the collision. When distracted driving is involved, these arguments often fall apart under scrutiny. A driver scrolling through their phone has no business claiming that the other party should have done more to avoid the crash they caused.

We investigate every angle of the accident. We reconstruct what happened. We challenge unfair fault assignments. And we make sure the responsibility lands where it belongs — on the driver who wasn’t paying attention.

The Real Cost of a Distracted Driving Accident

The insurance adjuster will focus on your medical bills and your car repair estimate. Those numbers are easy to calculate. What they won’t account for is everything else.

The pain that doesn’t show up on an X-ray. The sleep you’ve lost. The anxiety you feel every time you get behind the wheel. The work you’ve missed — not just the days you took off, but the opportunities you couldn’t pursue because you were recovering. The hobbies and activities you can no longer enjoy. The future medical treatment you’ll need years from now.

Distracted driving accidents in Pueblo have left our clients with traumatic brain injuries, spinal cord damage, broken bones, soft tissue injuries, and psychological trauma. These injuries ripple through every part of life. A fair settlement accounts for all of it — not just the parts that fit neatly on a spreadsheet.

Why Insurance Companies Lowball Distracted Driving Claims

Insurers know that distracted driving cases can result in significant verdicts. They also know that most accident victims don’t have attorneys. So they make early offers — sometimes before you’ve even finished treatment. These offers sound reasonable until you realize they’re designed to close your claim before the full scope of your injuries becomes clear.

Once you accept a settlement and sign a release, you can’t come back for more money when you discover you need surgery, ongoing therapy, or that you can’t return to your old job. The insurance company counts on you not knowing this.

We’ve seen adjusters pay a few thousand dollars to someone with tens of thousands in medical bills still accumulating. We’ve seen them dismiss permanent injuries as minor. We’ve seen them deny claims outright, betting that the victim won’t have the resources or knowledge to fight back.

Having an attorney levels the field. It signals that you know your rights and you’re willing to pursue them. It forces the insurance company to make a real offer instead of a lowball bid designed to go away.

What to Do After a Distracted Driving Accident in Pueblo

If you suspect the other driver was distracted, take these steps at the scene if you’re physically able:

Call the police. Even if the crash seems minor, a police report creates an official record. Tell the officer if you saw the other driver using a phone or engaging in other distracting behavior.

Document the scene. Take photos of the vehicles, the road conditions, any skid marks or debris, and the surrounding area. If you saw the other driver’s phone, photograph it if possible — even if it’s just visible through their window.

Gather witness information. If anyone saw the accident, get their names and contact information. Witnesses who observed the other driver before the crash can be critical to your case.

Do not give a recorded statement to the other driver’s insurance company. They will use your words against you. Refer them to your attorney.

Seek medical attention immediately. Some injuries don’t produce symptoms right away. A medical evaluation creates a record that ties your injuries to the accident.

Contact an attorney before you settle. Once you have legal representation, the insurance company can no longer pressure you into a quick settlement. We handle the negotiations while you focus on recovery.

Distracted Driving Accidents Across Southern Colorado

McCormick & Murphy represents clients in Pueblo, Pueblo West, Salt Creek, Blende, Avondale, Boone, Colorado City, Rye, Cañon City, Florence, Penrose, Walsenburg, and Aguilar. Distracted driving crashes happen on Highway 50, I-25, and surface streets throughout the region. The location doesn’t change the principle: drivers owe everyone around them their full attention. When they fail to give it, they must answer for the harm they cause.

What McCormick & Murphy Brings to Your Case

Kirk McCormick and Jay Murphy have built their practice on personal injury cases in southern Colorado. They know the local courts, the insurance companies that operate in this area, and the tactics adjusters use to minimize payouts. They know how to investigate a crash, preserve evidence, and build a case that reflects the full extent of your damages.

When we take your case, we commit to seeing it through. That might mean negotiating a settlement that compensates you fairly. It might mean filing a lawsuit and taking the case to trial. Either way, the insurance company knows we’re prepared to fight.

You don’t pay us unless we recover compensation for you. That’s how confident we are in our ability to deliver results. And it means you can pursue your rights without worrying about upfront legal fees while you’re trying to cover medical bills and missed paychecks.

Your Case Starts With a Conversation

You don’t need to have all the answers before you call. You don’t need to know whether you have a case or what it’s worth. You just need to know that something happened that shouldn’t have, and you’re dealing with consequences that aren’t your fault.

We’ll review what happened, explain your options, and answer your questions. There’s no pressure and no obligation. Just a clear-eyed assessment of where you stand and what comes next.

If the other driver was distracted, evidence exists. But it won’t wait. Call McCormick & Murphy at 888-668-1182 or visit our office at 301 N Main St, Pueblo, CO 81003. You can also learn more at our website. Let’s find out what happened and make sure the responsible party is held accountable.