The Hidden Danger on Colorado Roads
Did you know that distracted driving accounts for 25% of all car accidents, with cell phone use being a primary culprit? Colorado has implemented strict laws to combat this growing safety threat. According to CDOT’s 2024 Driver Behavior Report, 77% of Colorado drivers admitted to using their phones while driving, with 45% saying a hands-free feature in their car would stop them from using their phone.
Understanding these regulations is essential if you’re involved in an accident where phone use may be a factor.
Were You or Someone You Know Injured?
New Colorado Hands-Free Law (Effective January 1, 2025)
Colorado is implementing a significant change to its cell phone laws. Beginning January 1, 2025, a new law (Senate Bill SB24-065) prohibits people from using a mobile electronic device while driving unless they use a hands-free accessory.
This new legislation prohibits holding or manually using a phone or other mobile device for voice calls or any other reason, requiring all drivers to use hands-free technology. Colorado joins 29 other states in implementing such restrictions, with states reporting significant decreases in distracted driving crashes after similar laws take effect. For example, Michigan saw a 12.8% decrease in distracted driving crashes within the first year after implementing a similar law in 2023.
Current Colorado Cell Phone Laws (Until December 31, 2024)
Adult Drivers (18+): Colorado law currently allows adults to talk on their phones while driving, but texting, emailing, and browsing the internet while driving are strictly illegal for all drivers.
Minor Drivers (Under 18): The law is more stringent for young drivers. Minors cannot use cell phones in any capacity while driving – no talking, texting, or other functions, even with hands-free devices. This restriction recognizes the heightened risk distraction poses to inexperienced drivers.
Penalties for Violating Colorado’s Cell Phone Laws
Current Penalties (Until December 31, 2024)
Category | Violation | Points | Fine |
Minor Drivers (all cell phone use) | Initial Violation – Class A Traffic Infraction | 1 | $50 |
Subsequent Violation | 1 | $100 | |
Adult Drivers (text messaging) | Initial Violation – Class 2 Misdemeanor Traffic Offense | 4 | $300 |
Subsequent Violation – Bodily Injury or Proximate Cause Of Death to Another, Class 1 Misdemeanor | 4 | Up to one year imprisonment, $1,000 fine, or both |
Source: Section 42-4-239, C.R.S.
Were You or Someone You Know Injured?
New Penalties (Starting January 1, 2025)
Under the new law:
- First Offense: $75 fine and 2 license suspension points
- Second Offense (within 24 months): $150 fine and 3 license suspension points
- Third or Subsequent Offense (within 24 months): $250 fine and 4 license suspension points
Important: First-time violators can have the charge dismissed if they provide proof of purchasing a hands-free accessory and affirm, under penalty of perjury, that they have not previously claimed this option to dismiss a violation.
Enhanced Penalties: If cell phone use contributes to an accident causing injury or property damage, the penalties become significantly more severe and can include criminal charges depending on the circumstances.
Legal Exceptions to the Cell Phone Ban
Colorado law permits cell phone use while driving in specific situations:
- By an individual contacting a public safety entity (such as 911)
- By an individual during an emergency
- By an employee or contractor of a utility when responding to a utility emergency
- By an employee or contractor of a city or county acting within the scope of the employee’s or contractor’s duties as a code enforcement officer or animal protection officer
- By a first responder
- By an individual with a commercial driver’s license operating a commercial vehicle
The law also does not apply to a person using a mobile device in a motor vehicle that is at rest in a shoulder lane or lawfully parked.
Hands-Free Accessories Options
To comply with the new law, drivers can use various hands-free accessories:
- Dashboard/Phone Mounts: These secure your phone in a visible but safe position, enabling the use of navigation or hands-free calls without holding the device.
- Apple CarPlay/Android Auto: Built-in or aftermarket systems that integrate your smartphone with your vehicle’s display, allowing you to control your phone through voice commands or your car’s interface.
- Built-in Car Speaker Systems: Many cars come equipped with Bluetooth-enabled speaker systems that allow hands-free communication and audio navigation. If your car does not have Bluetooth, there are plug-in devices for purchase that enable the feature through your vehicle’s existing stereo system.
- Bluetooth Headsets: Allow for hands-free calls while keeping both hands on the wheel.
Types of Distracted Driving
Visual Distractions: Taking your eyes off the road to look at your phone screen or GPS, even momentarily. Research shows that texting takes your eyes off the road for an average of 4.6 seconds – equivalent to driving the length of a football field blindfolded at 55 mph.
Manual Distractions: Removing your hands from the steering wheel to hold your phone, dial a number, or type a message. This significantly reduces your ability to react quickly to hazards.
Cognitive Distractions: When your mind is focused on a conversation rather than driving. Studies show that even hands-free phone conversations can reduce driver reaction time to that of a 70-year-old driver.
How Cell Phone Use Affects Your Accident Case
Establishing Negligence: Using a cell phone while driving can be presented as evidence of negligence in an accident lawsuit. Phone records, witness statements, and police reports noting device use are powerful evidence.
Impact on Compensation: Colorado follows a modified comparative negligence system. If you were using your phone during an accident, your compensation could be reduced by your percentage of fault. If you’re found more than 50% responsible, you may recover nothing.
Insurance Implications: Insurance companies often use evidence of cell phone use to deny or reduce claims. Your premiums will likely increase significantly after a distracted driving citation.
Evidence Collection in Cell Phone-Related Crashes
If you suspect the other driver was using their phone:
- Request that phone use be noted in the police report
- Gather witness statements specifically about phone use
- Preserve your right to subpoena phone records during legal proceedings
- Look for traffic or surveillance cameras that might have captured the driver’s actions
Compensation Available for Victims of Distracted Drivers
Victims injured by distracted drivers may recover damages for:
- Medical expenses (current and future)
- Lost wages and diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Wrongful death (for surviving family members)
(FAQ) Frequently Asked Questions
Is it illegal to talk on the phone while driving in Colorado?
Currently (until December 31, 2024), for adults, talking on a cell phone is legal while driving, but texting and browsing are prohibited. Beginning January 1, 2025, all drivers will be prohibited from using a mobile electronic device while driving unless they use a hands-free accessory.
Can I use my phone at a red light or in stopped traffic?
No. The law applies whenever you are operating a vehicle on public roads, even when temporarily stopped at a light or in traffic. You must be legally parked to use your phone lawfully.
How can I prove the other driver was on their phone during our accident?
Your attorney can subpoena cell phone records during the discovery process to establish phone use at the time of the crash. Witness testimony and traffic camera footage may also provide evidence of distracted driving.
What if I need to use my GPS while driving?
You should set your destination before starting your journey. If you need to adjust your route, pull over safely and legally park before handling your device. Most modern vehicles offer hands-free voice navigation options.
How long do I have to file a claim for a distracted driving accident?
Colorado has a statute of limitations of three years from the date of a motor vehicle accident to file a personal injury lawsuit. Missing this deadline can permanently bar your right to compensation.
The Impact of Distracted Driving
Studies show that using a mobile device while driving increases the risk of a crash by two to six times. Distracted drivers pose a particularly high risk to vulnerable road users such as pedestrians and bicyclists. From 2015 to 2023, deaths among pedestrians and bicyclists in Colorado increased by 50% and 112.5%, respectively, while Colorado’s population grew by less than 8% during the same period.
Contact ramos law
If you’ve been injured in an accident involving a distracted driver, don’t face the legal system alone. The combination of insurance companies, complex liability laws, and gathering proper evidence requires experienced legal guidance. Contact a qualified attorney immediately to protect your rights and secure the compensation you deserve.
