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According to the Centers for Disease Control (CDC), about eight people in the United States are killed in accidents involving distracted drivers every day. Distracted driving is a problem especially amongst young adult drivers aged 15 to 19 who engage in risky behavior such as emailing and texting while driving. Distracted driving is a public safety issue that many states are trying to address with regulations, public awareness campaigns, and police enforcement. When a driver is distracted, they do not only put their lives at risk, but the lives of other road users and those in the vehicle with them. If you or a family member has been injured or killed in a distracted driving accident in Colorado, contact the Denver distracted driving accident attorneys at Fuicelli & Lee, to find out if you are entitled to compensation for your injury or loss.
Why Choose Fuicelli & Lee
- Fuicelli & Lee is an accomplished Denver personal injury law firm, representing clients who have suffered catastrophic injuries as a result of someone else’s reckless or careless actions.
- As a boutique law firm, we don’t measure our success by the volume of cases we handle, but by the difference we make in our clients’ lives.
- When necessary, we are ready to make hospital visits for our clients.
- We strive to obtain full, fair, and complete compensation for every client, every time.
If you have been injured in a distracted driving accident, you can call us at (303) 355-7202 to get more information about how an attorney can help in your situation.
Can I Get Compensation for Negligence?
Negligence is a legal principle that seeks to compensate any person injured due to the reckless or careless actions of another person or entity, for losses suffered as a result of their injury. To succeed in a negligence claim, an injured person must prove all the elements of a negligence claim, which are:
- The responsible party owed the injured person a duty of care. All drivers owe a duty of care to all other road users, for example.
- The responsible party breached their duty of care, meaning that they acted in a way that put the safety of other road users at risk.
- The breach was the proximate cause of the injury. Sometimes, only a thorough investigation can reveal the proximate cause of a person’s injury.
- The injured person suffered actual damages.
A Denver distracted driving accident attorney can help you prove these elements and recover the compensation you deserve.
What Is Negligence Per Se?
A person injured in a distracted driving accident may be able to make a claim based on the legal principle of negligence per se. With negligence per se, the injured person does not have to prove that the responsible party owed them a duty of care if they can show that the responsible party violated a law. The violation of any law which imposes a duty or prohibits an act for the benefit of any person or the public, is a breach of duty. In this case, the violation of any traffic regulations that prohibit distracted driving, is an automatic breach of a duty of care to other road users.
The injured person must show that the responsible party violated traffic regulations prohibiting distracted driving. For example, Colorado law explicitly prohibits the use of wireless telephones by drivers under the age of 18 while operating a vehicle. Drivers over the age of 18 are prohibited from engaging in text messaging or other similar manual usage of their wireless telephones.
Contact a Denver Distracted Driving Accident Lawyer
If you have been injured in a distracted driving accident, you may find it difficult to prove all the elements of your case on your own. The insurance companies may also try to get you to sign a settlement that may not be in your best interest. The best way to protect your best interest is to hire a lawyer who knows the law and can fight for you. At Fuicelli & Lee, our results speak for themselves. Call us today at (303) 355-7202 to schedule a free consultation with one of our skilled Denver car accident attorneys.