In the bustling metropolis of Denver, where the constant hum of traffic fills the air, the scourge of distracted driving looms large, casting a shadow over the safety of its citizens. Amidst the countless vehicles navigating the city’s intricate roadways, the insidious act of texting while driving has emerged as a pervasive and deadly epidemic, claiming innocent lives and leaving countless others shattered in its wake. The consequences of such reckless behavior are severe and far-reaching, necessitating the urgent attention of experienced legal counsel.
Sadly, the statistics paint a grim picture of the devastation wrought by texting and driving in Denver. According to recent reports, a staggering number of accidents occur annually due to this preventable cause, resulting in a staggering toll of human suffering and economic loss. Victims of these senseless collisions endure excruciating injuries, psychological trauma, and prolonged financial hardships. In the most tragic instances, these accidents culminate in the untimely demise of individuals whose lives were cut short due to the irresponsible actions of others.
Legal Consequences of Texting and Driving Accidents in Denver
1. Criminal Penalties
In Colorado, texting while driving is illegal. If you are caught texting while driving, you can face the following penalties:
- First offense: $300 fine, four points on your license, and possible jail time up to 90 days
- Second offense: $500 fine, six points on your license, and possible jail time up to six months
- Third offense: $750 fine, eight points on your license, and possible jail time up to one year
In addition, if you cause an accident while texting and driving, you can be charged with vehicular homicide, which is a felony. The penalties for vehicular homicide can include:
- Up to 15 years in prison
- A fine of up to $100,000
- Loss of your driver’s license
Colorado Texting and Driving Law
The Colorado texting and driving law is very specific. It defines texting as “manually entering alphanumeric characters into a wireless communication device.” This means that even if you are not sending a text message, you can still be cited for texting while driving if you are typing on your phone.
The law also makes it clear that texting while driving is illegal in all circumstances, even if you are stopped at a red light or stop sign. The only exception is if you are using your phone to report an emergency.
Here is a table summarizing the penalties for texting while driving in Colorado:
| Offense | Fine | Points | Jail Time |
|—|—|—|—|
| First | $300 | 4 | Up to 90 days |
| Second | $500 | 6 | Up to 6 months |
| Third | $750 | 8 | Up to 1 year |
2. Civil Liability
If you cause an accident while texting and driving, you can be held liable for the damages caused by the accident. This includes:
- Medical expenses
- Property damage
- Lost wages
- Pain and suffering
The amount of damages you are liable for will depend on the severity of the accident and the extent of the injuries. If you are sued for damages, you will need to hire an attorney to defend you.
3. Administrative Consequences
In addition to the criminal and civil penalties, you can also face administrative consequences for texting while driving. These consequences can include:
- Suspension of your driver’s license
- Revocation of your driver’s license
- Impoundment of your vehicle
The administrative consequences you face will depend on the severity of the offense and your driving record. If you have multiple texting while driving convictions, you are more likely to face severe administrative penalties.
The Role of Contributory Negligence in Denver Texting and Driving Cases
Colorado follows a modified comparative fault system when it comes to personal injury cases, including those involving texting and driving accidents. This means that an injured person may recover damages from another party who is at fault, even if the injured person is also partially to blame for the accident. However, the amount of damages that the injured person can recover will be reduced in proportion to their degree of fault.
In Denver texting and driving cases, the issue of contributory negligence often arises. Contributory negligence is a legal defense that can be asserted by a defendant to reduce or bar the plaintiff’s recovery of damages. To establish the defense of contributory negligence, the defendant must prove that:
* The plaintiff was negligent.
* The plaintiff’s negligence contributed to the accident.
* The plaintiff’s negligence was a proximate cause of the plaintiff’s injuries.
In other words, the defendant must show that the plaintiff’s own actions played a role in causing the accident. If the defendant is successful in establishing contributory negligence, the plaintiff’s damages will be reduced in proportion to their degree of fault.
The Plaintiff’s Degree of Fault
The plaintiff’s degree of fault is determined by the jury based on the specific facts of the case. The jury will consider the plaintiff’s conduct in light of the following factors:
* The plaintiff’s awareness of the risk of texting while driving.
* The plaintiff’s opportunity to avoid the accident.
* The plaintiff’s actions or omissions that contributed to the accident.
The jury will then assign a percentage of fault to the plaintiff. This percentage will be used to reduce the amount of damages that the plaintiff can recover from the defendant.
For example, if the jury finds that the plaintiff was 20% at fault for the accident, the plaintiff’s damages will be reduced by 20%. This means that the plaintiff will only be able to recover 80% of their total damages from the defendant.
Strategic Considerations for Plaintiffs
If you are injured in a texting and driving accident, it is important to be aware of the potential impact of contributory negligence. You should take the following steps to protect your rights:
* Gather evidence to support your claim. This may include witness statements, police reports, and medical records.
* Avoid making statements that could be construed as admitting fault.
* Be prepared to address the issue of contributory negligence at trial.
Your attorney can help you develop a strategy to minimize the impact of contributory negligence on your case.
Strategic Considerations for Defendants
If you are being sued for a texting and driving accident, you may be able to assert the defense of contributory negligence. To do so, you must prove that the plaintiff was negligent and that their negligence contributed to the accident.
The following steps can help you build a strong contributory negligence defense:
* Gather evidence to support your claim. This may include witness statements, police reports, and medical records.
* Identify the plaintiff’s negligent actions or omissions.
* Argue that the plaintiff’s negligence was a proximate cause of the accident.
Your attorney can help you develop a strategy to maximize the impact of contributory negligence on your case.
| Plaintiff’s Degree of Fault | Reduction in Damages |
|---|---|
| 10% | 90% |
| 20% | 80% |
| 30% | 70% |
| 40% | 60% |
| 50% | 50% |
Common Defenses Asserted by Insurance Companies in Denver Texting and Driving Cases
1. The Driver Was Not Texting
Insurance companies may claim that the driver was not actually texting at the time of the accident. They may present evidence such as phone records showing no outgoing or incoming text messages around the time of the crash.
2. The Texting Was Not a Cause of the Accident
Insurance companies may argue that even if the driver was texting, it was not the cause of the accident. They may present evidence that the other driver was at fault, such as by running a red light or driving under the influence of alcohol.
3. The Driver Was Not Negligent
Insurance companies may claim that the driver was not negligent in texting while driving. They may argue that the driver was only sending a brief message and was not distracted from the road.
4. The Driver Assumed the Risk
Insurance companies may argue that the driver assumed the risk of texting while driving. They may point out that texting while driving is illegal and that the driver knew or should have known of the risks involved.
5. The Plaintiff’s Damages Are Exaggerated
Insurance companies may claim that the plaintiff’s injuries are not as severe as they claim. They may present medical evidence showing that the plaintiff’s injuries are minor or that they were caused by a preexisting condition.
6. The Plaintiff Failed to Mitigate Their Damages
Insurance companies may argue that the plaintiff failed to mitigate their damages. They may claim that the plaintiff could have taken steps to reduce their injuries, such as by seeking medical treatment sooner or by hiring a physical therapist.
7. Contributory Negligence
Insurance companies may assert that the plaintiff’s own negligence contributed to the accident. They may present evidence that the plaintiff was speeding, driving under the influence of alcohol, or otherwise failing to take reasonable care while driving.
| Colorado’s Negligence Statute |
|---|
| Colorado follows a modified comparative negligence statute. This means that a plaintiff can still recover damages even if they are partially at fault for the accident. However, the plaintiff’s damages will be reduced by the percentage of fault that is attributed to them. |
8. Vicarious Liability
Insurance companies may argue that the driver’s employer is liable for the accident. This is known as vicarious liability. In order to establish vicarious liability, the plaintiff must prove that the driver was acting within the scope of their employment at the time of the accident.
9. Lack of Jurisdiction
Insurance companies may claim that the court does not have jurisdiction over the case. This may be due to a number of factors, such as the accident happening in another state or the driver being from out of state.
10. Statute of Limitations
Insurance companies may argue that the plaintiff’s claim is barred by the statute of limitations. In Colorado, the statute of limitations for personal injury claims is generally two years from the date of the accident.
Distracted Driving Laws
In Colorado, it is illegal to use a handheld electronic device while driving, including cell phones, tablets, and laptops. This law applies to all drivers, regardless of age or driving experience. The only exception is if you are using a device for navigation or emergency purposes.
If you are caught texting and driving, you can be fined up to $300 and receive four points on your driving record. If you are involved in an accident while texting and driving, you could be held liable for damages.
Texting and Driving in Denver
Texting and driving is a dangerous and illegal activity that has become all too common in Denver. In 2018, there were over 1,000 car accidents in Denver involving distracted drivers.
There are a number of reasons why texting and driving is so dangerous:
- It takes your eyes off the road.
- It takes your hands off the wheel.
- It takes your mind off the task of driving.
Even a few seconds of distraction can be enough to cause an accident. According to the National Highway Traffic Safety Administration (NHTSA), texting while driving is six times more likely to cause a crash than driving drunk.
What to Do if You’re Involved in a Texting and Driving Accident
If you are involved in a car accident with a distracted driver, it is important to:
- Pull over to a safe location.
- Call the police.
- Exchange insurance information.
- Take pictures of the accident scene.
- Get the names and contact information of any witnesses.
If you are injured in a car accident with a distracted driver, you may be entitled to compensation for your injuries. An experienced personal injury attorney can help you file a claim and get the compensation you deserve.
Preventing Texting and Driving
There are a number of things you can do to prevent texting and driving:
- Put your phone away before you start driving.
- Set your phone to “do not disturb” mode while you are driving.
- Use a hands-free device for talking on the phone.
- Pull over to a safe location if you need to use your phone.
By following these tips, you can help keep yourself and others safe on the road.
11. Texting and Driving Statistics
According to the NHTSA, in 2018, there were over 3,000 fatal crashes involving distracted drivers. Of those crashes, over 300 involved texting while driving.
The NHTSA also found that texting while driving is six times more likely to cause a crash than driving drunk.
| Year | Fatal Crashes Involving Distracted Drivers | Fatal Crashes Involving Texting While Driving |
|---|---|---|
| 2018 | 3,000 | 300 |
| 2017 | 2,745 | 283 |
| 2016 | 2,538 | 275 |
These statistics show that texting and driving is a serious problem that is only getting worse. It is important to take steps to prevent texting and driving, both for your own safety and the safety of others.
Comparative Negligence and Denver Texting and Driving Accident Cases
Comparative negligence is a legal doctrine that allows the courts to assign a percentage of fault to each party involved in an accident. This means that both the plaintiff (the person who was injured) and the defendant (the person who caused the accident) may be held liable for the damages sustained.
In the context of Denver texting and driving accidents, comparative negligence can have a significant impact on the outcome of a case. If a jury finds that the plaintiff was partially at fault for the accident, his or her damages will be reduced by the percentage of fault assigned to him or her.
For example, if a jury finds that the plaintiff was 30% at fault for the accident, his or her damages will be reduced by 30%. This means that the plaintiff will only be able to recover 70% of his or her damages from the defendant.
Comparative negligence can be a complex legal doctrine. It is important to speak to an experienced Denver texting and driving accident attorney to discuss your case if you have been injured in an accident caused by a texting driver.
The Factors Considered in Determining Comparative Negligence
The jury will consider a number of factors when determining the percentage of fault to assign to each party involved in a texting and driving accident. These factors include:
- The severity of the accident
- The extent of the injuries sustained by the plaintiff
- The amount of property damage caused by the accident
- The conduct of the plaintiff and the defendant before, during, and after the accident
- The degree of fault of each party
The Impact of Comparative Negligence on Denver Texting and Driving Accident Cases
The application of comparative negligence in Denver texting and driving accident cases can have a significant impact on the outcome of a case. In some cases, it may bar the plaintiff from recovering any damages at all. In other cases, it may reduce the amount of damages that the plaintiff is able to recover.
It is important to note that comparative negligence is not a defense to a texting and driving accident. This means that even if the plaintiff was partially at fault for the accident, he or she may still be able to recover damages from the defendant.
How to Avoid Comparative Negligence in Denver Texting and Driving Accident Cases
There are a number of things that you can do to avoid comparative negligence in a Denver texting and driving accident case. These include:
- Never text and drive.
- Be aware of your surroundings and the other drivers on the road.
- Drive defensively.
- Obey the speed limit.
- Never drive under the influence of alcohol or drugs.
By following these simple tips, you can help to avoid being involved in a texting and driving accident and protect yourself from comparative negligence claims.
The Legal Standard for Comparative Negligence in Denver Texting and Driving Accident Cases
The legal standard for comparative negligence in Denver texting and driving accident cases is set forth in the Colorado Revised Statutes. Specifically, C.R.S. § 13-21-111 states that:
“In all actions brought to recover damages for injuries to a person or to his property caused by the negligence of another, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured.”
This statute means that the plaintiff’s damages will be reduced by the percentage of fault that is attributed to him or her. For example, if the plaintiff is found to be 30% at fault for the accident, his or her damages will be reduced by 30%.
The Burden of Proof in Comparative Negligence Cases
The burden of proof in comparative negligence cases is on the defendant. This means that the defendant must prove that the plaintiff was at fault for the accident and that his or her fault contributed to the plaintiff’s injuries.
The defendant can prove comparative negligence by presenting evidence of the plaintiff’s conduct before, during, and after the accident. This evidence may include:
- Eyewitness testimony
- Police reports
- Medical records
- Cell phone records
If the defendant is successful in proving comparative negligence, the jury will reduce the plaintiff’s damages by the percentage of fault that is attributed to him or her.
The Modified Comparative Negligence Rule in Colorado
Colorado follows the modified comparative negligence rule. This means that the plaintiff’s damages will be reduced by the percentage of fault that is attributed to him or her, but only if the plaintiff’s fault is less than 50%.
If the plaintiff’s fault is 50% or more, he or she will be barred from recovering any damages from the defendant. This is known as the “50% bar rule.”
The Apportionment of Fault in Comparative Negligence Cases
In comparative negligence cases, the jury will apportion the fault between the plaintiff and the defendant. This means that the jury will determine the percentage of fault that is attributable to each party.
The jury will consider a number of factors when apportioning fault, including:
- The severity of the accident
- The extent of the injuries sustained by the plaintiff
- The amount of property damage caused by the accident
- The conduct of the plaintiff and the defendant before, during, and after the accident
- The degree of fault of each party
The jury’s apportionment of fault will be reflected in the verdict. For example, if the jury finds that the plaintiff was 30% at fault for the accident and the defendant was 70% at fault, the plaintiff’s damages will be reduced by 30%.
The Impact of Comparative Negligence on Insurance Coverage
Comparative negligence can have a significant impact on insurance coverage. If the plaintiff is found to be partially at fault for the accident, his or her insurance company may reduce the amount of coverage that is available to him or her.
For example, if the plaintiff is found to be 30% at fault for the accident, his or her insurance company may reduce the amount of coverage that is available to him or her by 30%. This means that the plaintiff may be responsible for paying a portion of his or her damages out of pocket.
The Importance of Legal Representation in Comparative Negligence Cases
Comparative negligence cases can be complex. It is important to seek the advice of an experienced Denver texting and driving accident attorney if you have been injured in an accident caused by a texting driver.
An experienced attorney can help you to understand your rights and options and can help you to obtain the compensation that you deserve.
| Percentage of Fault | Percentage of Damages Recovered |
|---|---|
| 0% | 100% |
| 25% | 75% |
| 50% | 0% |
| 75% | 25% |
| 100% | 0% |
Medical Records and Denver Texting and Driving Accident Cases
Understanding Medical Records
After a texting and driving accident, obtaining medical records is crucial for proving the extent of injuries and damages. These records provide a detailed account of medical treatment, diagnosis, and prognosis.
Types of Medical Records
Medical records encompass a wide range of documentation, including:
- Hospital records
- Doctor’s notes
- Diagnostic test results (e.g., X-rays, MRIs)
- Surgery reports
- Rehabilitation records
- Pharmacy records
How to Obtain Medical Records
Requesting medical records can be done directly from the healthcare provider or through an authorized representative. It’s important to provide written authorization and allow ample time for processing.
Importance of Medical Records in Texting and Driving Cases
Medical records serve as essential evidence in texting and driving accident cases, as they:
- Document the severity and nature of injuries
- Support claims for medical expenses and future treatment costs
- Establish a causal link between the accident and injuries
- Aid in determining the appropriate amount of compensation
Redacting Medical Records
Sensitive personal information in medical records, such as unrelated medical conditions, may need to be redacted to protect privacy. This can be done by the healthcare provider or a legal professional.
Expert Review of Medical Records
In complex cases, an expert medical review may be necessary to interpret medical records and provide an opinion on the extent of injuries and causality.
Insurance Company Requests for Medical Records
Insurance companies often request medical records to assess the validity of claims. It’s important to provide only the records that are relevant to the case and to have an attorney review any requests before providing them.
Using Medical Records to Support Your Claim
When filing a texting and driving accident claim, medical records are crucial for supporting your case. They can:
- Quantify the extent of injuries and damages
- Establish the need for medical treatment and rehabilitation
- Help obtain fair compensation for your injuries
HIPAA Compliance
The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of medical records. All parties involved in handling medical records must adhere to HIPAA regulations to ensure confidentiality.
Attorney Representation for Medical Records
If you have been involved in a texting and driving accident, it’s highly recommended to seek legal representation. An attorney can assist with obtaining medical records, interpreting their contents, and using them to build a strong case for compensation.
Negotiating Settlements in Denver Texting and Driving Accident Cases
Assess the Value of Your Case
Determining the fair value of your texting and driving accident case is crucial for successful negotiations. Consider the severity of your injuries, lost wages, medical expenses, pain and suffering, and any long-term impacts.
Gather Evidence to Support Your Claim
Collect medical records, police reports, witness statements, photographs, and any other documentation that supports your case. This evidence will strengthen your negotiation position.
Consider Your Legal Options
Understand your legal rights and options. Consulting with an experienced Denver texting and driving accident attorney can help you navigate the legal process and determine the best course of action.
Negotiate with the Insurance Company
Insurance companies are often involved in texting and driving accident settlements. Be prepared to negotiate with their representatives, who will try to minimize your claim. Consider bringing an attorney to assist you in the process.
Be Patient and Strategic
Settlement negotiations can take time. Be patient and persistent in pursuing a fair outcome. Avoid accepting quick settlements that may not adequately compensate you for your losses.
Understand Your Settlement Agreement
Once you reach a settlement agreement, carefully review and understand its terms before signing. Ensure that it covers all of your damages and includes an explanation of any future medical or legal expenses.
Consider Mediation or Arbitration
If negotiations reach an impasse, consider mediation or arbitration as alternative dispute resolution methods. These forums provide a neutral platform for resolving settlement disputes.
Protect Your Rights
Do not sign any documents or agreements without consulting with legal counsel. An attorney can ensure that your rights are protected and that you receive the full compensation you deserve.
Maximize Your Recovery
By following these tips, you can maximize your recovery in a Denver texting and driving accident settlement. Remember to prioritize your well-being, consult with an experienced attorney, and diligently pursue a fair and just outcome.
Contingency Fee Structure
Many Denver texting and driving accident attorneys work on a contingency fee basis. This means that you do not pay any legal fees unless you recover compensation for your injuries. This arrangement allows victims to access legal representation regardless of their financial situation.
| Benefits of Contingency Fee Structure |
|---|
|
Ethical Considerations in Denver Texting and Driving Accident Cases
Duty of Care
Attorneys representing victims of texting and driving accidents have a duty of care to their clients. This includes:
- Investigating the case thoroughly
- Gathering evidence of the defendant’s negligence
- Protecting their clients’ rights
- Negotiating a fair settlement or pursuing litigation if necessary
Conflicts of Interest
Attorneys must avoid conflicts of interest in representing clients in texting and driving accident cases. This means that they cannot represent both the victim and the defendant in the same case. They must also disclose any potential conflicts of interest to their clients.
Confidentiality
Attorneys must maintain the confidentiality of their clients’ information. This includes any information that is shared with them during the course of representation, such as medical records, financial information, and witness statements.
Fees
Attorneys must charge reasonable fees for their services. They must also provide their clients with a clear understanding of the fees and costs involved in the case.
Professionalism
Attorneys must conduct themselves in a professional manner at all times. This includes being respectful to opposing counsel, the court, and their clients.
41. Attorney Advertising
Attorneys are allowed to advertise their services in certain ways. However, they must not use false or misleading advertising. They must also comply with all applicable ethical rules regarding advertising.
Texas Disciplinary Rules of Professional Conduct
| Rule | Description |
|---|---|
| 5.01 | Truthful and Non-Misleading Communications |
| 5.02 | Statements that Must be Disclosed |
| 5.03 | Prohibited Lawyer Solicitation |
| 5.04 | Direct Contact with Prospective Clients |
| 5.05 | Communicating with Represented Persons |
| 5.07 | Restrictions on Advertising |
| 7.01 | Communication of Fields of Practice and Specialization |
| 7.02 | Advertising |
| 7.03 | Direct Mail Advertising |
| 7.04 | Communication of Availability for Pro Bono Services |
| 7.05 | Firm Name and Letterheads |
Malpractice
Attorneys can be held liable for malpractice if they fail to meet their ethical obligations. This can include failing to investigate a case properly, failing to protect their clients’ rights, or charging excessive fees.
Attorney Fees and Expenses in Denver Texting and Driving Accident Cases
Contingency Fees
Many Denver texting and driving accident attorneys work on a contingency fee basis. This means that they do not charge any upfront fees. Instead, they receive a percentage of the settlement or verdict that you recover.
The contingency fee percentage varies from attorney to attorney. However, it is typically between 33% and 40%.
Hourly Fees
Some Denver texting and driving accident attorneys charge an hourly fee. This means that they will bill you for the number of hours that they work on your case.
The hourly rate for a Denver texting and driving accident attorney varies depending on the experience and reputation of the attorney.
Expenses
In addition to attorney fees, you may also be responsible for certain expenses associated with your case. These expenses can include:
- Filing fees
- Court costs
- Expert witness fees
- Investigation costs
Payment Options
Most Denver texting and driving accident attorneys offer a variety of payment options. These options may include:
- Credit cards
- Debit cards
- Cash
- Checks
42 Factors that Affect Attorney Fees and Expenses in Denver Texting and Driving Accident Cases
The following are 42 factors that can affect the attorney fees and expenses in a Denver texting and driving accident case:
- The severity of the injuries
- The amount of medical expenses
- The amount of lost wages
- The liability of the defendant
- The complexity of the case
- The experience of the attorney
- The reputation of the attorney
- The contingency fee percentage
- The hourly rate
- The expenses associated with the case
- The payment options
- The insurance coverage of the defendant
- The statute of limitations
- The jurisdiction of the case
- The age of the driver
- The gender of the driver
- The race of the driver
- The ethnicity of the driver
- The socioeconomic status of the driver
- The education level of the driver
- The employment status of the driver
- The marital status of the driver
- The family history of the driver
- The mental health history of the driver
- The substance abuse history of the driver
- The criminal history of the driver
- The traffic history of the driver
- The weather conditions at the time of the accident
- The road conditions at the time of the accident
- The location of the accident
- The time of the accident
- The number of vehicles involved in the accident
- The number of people injured in the accident
- The number of people killed in the accident
- The property damage caused by the accident
- The economic loss caused by the accident
- The non-economic loss caused by the accident
- The pain and suffering caused by the accident
- The loss of enjoyment of life caused by the accident
How to Find an Affordable Denver Texting and Driving Accident Attorney
If you are looking for an affordable Denver texting and driving accident attorney, there are a few things that you can do:
- Get referrals from friends and family.
- Read online reviews.
- Contact your local bar association.
- Attend a free legal clinic.
Once you have found a few potential attorneys, you should schedule a free consultation. This will give you an opportunity to meet the attorney and discuss your case in detail. During the consultation, you should ask the attorney about their fees and expenses.
It is important to remember that the cheapest attorney is not always the best attorney. When choosing an attorney, you should consider the attorney’s experience, reputation, and fees. You should also make sure that you feel comfortable with the attorney and that you trust them.
Dram Shop Liability in Denver Texting and Driving Accidents
In Colorado, dram shop liability can be a factor in holding a person or business liable for injuries caused by an intoxicated driver who has been served alcohol. This liability can extend to texting and driving accidents. Understand the legal framework surrounding dram shop liability is essential for victims and their families who have been affected by these devastating incidents.
What is Dram Shop Liability?
Dram shop liability is a legal doctrine that imposes liability on establishments that serve alcohol to intoxicated individuals who subsequently cause harm to others. In Colorado, dram shop liability statutes are codified under C.R.S. 12-47-128.5. According to this statute, a person or business can be held liable if:
- They knowingly serve alcohol to an intoxicated person.
- The intoxicated person causes injury to a third party.
- The person or business knew or should have known that the intoxicated person was likely to harm others.
How Dram Shop Liability Applies to Texting and Driving Accidents
Dram shop liability has been applied to texting and driving accidents in Colorado. In these cases, the establishment that served the intoxicated driver can be held liable if:
- The driver was visibly intoxicated at the time of service.
- The establishment continued to serve the driver alcohol after they were visibly intoxicated.
- The driver’s intoxication was a contributing factor to the texting and driving accident.
Elements of Proof for Dram Shop Liability
To establish dram shop liability in a texting and driving accident case, the plaintiff must prove the following elements:
- The establishment served alcohol to the intoxicated driver.
- The driver was visibly intoxicated at the time of service.
- The establishment knew or should have known that the driver was likely to harm others.
- The driver’s intoxication was a contributing factor to the texting and driving accident.
- The plaintiff suffered damages as a result of the accident.
Damages Recoverable in Dram Shop Liability Cases
Victims of texting and driving accidents caused by intoxicated drivers may be entitled to recover the following damages:
| Damages |
|---|
| Medical expenses |
| Lost wages |
| Pain and suffering |
| Emotional distress |
| Loss of consortium |
| Wrongful death |
Defenses to Dram Shop Liability
Establishments facing dram shop liability claims may assert various defenses, such as:
- The driver was not visibly intoxicated at the time of service.
- The driver became intoxicated after leaving the establishment.
- The driver’s intoxication was not a contributing factor to the accident.
- The plaintiff assumed the risk of harm by riding with an intoxicated driver.
Conclusion
Dram shop liability can be a powerful legal tool for victims of texting and driving accidents caused by intoxicated drivers. By holding establishments accountable for serving alcohol to visibly intoxicated individuals, we can deter this dangerous behavior and reduce the number of these devastating accidents.
The Importance of a Denver Texting and Driving Accident Attorney
In the bustling metropolis of Denver, where traffic congestion is a constant challenge, the dangers of distracted driving have become all too apparent. Texting while operating a vehicle is a particularly perilous form of distraction, leading to a staggering number of accidents and fatalities. If you or a loved one has been involved in an accident involving a texting driver, it is crucial to seek legal representation from an experienced Denver texting and driving accident attorney.
Our dedicated team of legal professionals possesses an in-depth understanding of Colorado’s texting and driving laws and has a proven track record of success in pursuing compensation for victims and their families. We work tirelessly to investigate the circumstances of your accident, gather evidence of the texting driver’s negligence, and maximize your financial recovery.