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When a Driver is Hit, But They Were Texting and Driving, Who's At-Fault?

Man looking at his phone while driving

Since Colorado is an at-fault state, the person liable for the accident is the one who will cover the damages.

Sometimes, it's obvious to determine who is responsible for the cause of the accident, like if they were to run a red light.

However, it's not always easy to prove, and a person may become liable through negligence—meaning the accident could've been avoided if they had been more careful.

Proving Texting and Driving

When a person texting and driving is hit by someone who is not, the other party may try to use this against them.

If they are working with an attorney, they may prove that texting is what caused the accident. This can sometimes be a challenge, so it's necessary to consider contacting a car accident attorney, so you can adequately address the case.

When attempting to prove a texting and driving case, one of the main steps is collecting evidence to support the person texting as the cause of the crash. The other party may try to obtain supporting evidence such as:

  • Surveillance footage of the accident happening
  • Phone record with the other drivers time stamped texts
  • Witnesses who saw the accident happen

They may also submit documentation like police reports and copies of their medical records to help support the case. Ask your attorney what pieces of evidence you could submit that may help prove texting was not the initial cause of the incident.

Auto Accident Attorney in Colorado

With Colorado being an at-fault state, you must have the best care when fighting a case. When proving texting and driving negligence, the process can become very challenging.

If you or someone you know has been injured in a texting and driving-related auto accident, consider calling Veritasfor a consultation. Our lawyers may be able to help you receive financial compensation for your suffering.

If you'd like an experienced Grand Junction personal injury lawyer from Veritas to evaluate your case, please call (970) 292-7171 or send us an email. We are here for you.