Distracted Driving

Colorado Springs Personal Injury Attorney

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Colorado Springs Attorneys Assisting Victims of Car Accidents

With the increasing use of cellphones, emails, texts, and other social media, collisions resulting from distracted driving have become more frequent. If you or someone you know has been harmed as a result of someone else’s careless behavior behind the wheel, you may have a right to take legal action. At the Gasper Law Group, our dedicated car accident lawyers use cutting-edge technology and tenacious advocacy to assist injured residents of Colorado Springs and other communities in Southern Colorado in recovering compensation.

Distracted Driving is a Widespread Trend

With technological advances making it easier to perform several tasks concurrently, multitasking has become a common feature of the modern age. While technology undoubtedly carries many advantages, it unfortunately can lead to dangerous actions behind the wheel. Colorado has banned cellphone use for novice drivers (both handheld and hands free) and banned texting for all drivers. But distracted driving can arise in other situations as well, such as those involving eating, drinking, or changing the radio station.

File a Negligence Claim to Seek Damages

Often, an accident victim can bring a negligence claim against the distracted driver who caused the accident in which he or she was hurt. This usually requires establishing several elements by a preponderance of the evidence, meaning the injured person must show that each element’s existence is more likely than not. The first element is a duty of care. All drivers are required to use as many precautions as an ordinary person would use to avoid exposing other people on the road to foreseeable risks of harm. Unfortunately, this duty is frequently violated, such as when a collision is caused by a person getting distracted by the use of a mobile device.

After demonstrating duty and breach, the injured person must next link the distracted driver’s breach to the harm that he suffered. This element is called causation. The collision also must have been reasonably foreseeable. The last step involves identifying damages that arose from the accident, which must be quantifiable and not overly speculative.

An individual who succeeds in holding another person or entity accountable for his or her injuries may be able to recover both economic and non-economic forms of compensation, depending on the circumstances. These may include medical bills, lost wages, vehicle repairs, and the costs of future treatment, as well as more subjective types of harm like pain and suffering or emotional distress. Sometimes, a defendant will argue that the damages should be reduced because the victim was at least partly responsible for causing the accident. Even if this is true, the modified comparative fault rule in Colorado allows an injured individual to seek damages that are proportionate to the defendant’s degree of responsibility for his or her harm.

Discuss Your Motor Vehicle Collision Claim with an El Paso County Lawyer

The motor vehicle collision attorneys at Gasper Law Group are dedicated to helping individuals from El Paso County and Southern Colorado. We will explore the details of your situation to determine whether you have a claim. If you do, we can represent you with tenacity against any parties that may have been responsible for causing your harm and their insurance companies. To arrange a FREE initial consultation, you can contact us at (719) 227-779 or complete our online form. We have assisted individuals throughout Southern Colorado, including Colorado Springs, Woodland Park, and Divide.

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