Text Messaging While Driving

The safe operation of a motor vehicle particularly in heavy traffic

, requires extraordinary concentration and coordination. It is therefore inexcusable for anyone to be using a hand-held device to be sending text-messages while behind the wheel. Such irresponsibility and pure self-centeredness has been the cause of serious accidents and injuries. If you have been injured because of such carelessness, you need the services of a Colorado personal injury lawyer.

Text Messaging and Motor Vehicle Law

Depending on your state, there may not be any laws against text messaging while driving. This will soon change in the State of Colorado, however; new laws enacted by the state legislature will go into effect on the first of December. House Bill 1094 will effectively make it illegal for anyone to use a wireless telephone in order to send text messages while driving; doing so will be considered a Class A traffic infraction and subject the violator to significant fines.

What a Colorado Car Accident Lawyer Can Do For You

As the law currently stands, the person who injures you because they were "texting" while driving cannot be charged with any violation of the law - because there is no law at the moment. Even after the law goes into effect, this person would be Constitutionally protected from prosecution under the principle of ex-post facto (charging someone with violation of a law before the law was enacted).

Civil statutes are another matter entirely. Legally, you can bring suit against anyone for any reason. In practice, a judge and jury will only hear cases that have merit, in which there is clear evidence of negligence. Your Colorado car accident attorney will demonstrate that while the person whose texting activities caused the accident in which you were injured did not break any laws, s/he was in fact behaving in a reckless and negligent manner - and is therefore liable for your injuries and loss of property.

How It Works

You may contact a Colorado personal injury lawyer who will discuss your case with you at no charge. If s/he determines that the case is strong enough, s/he will represent you on a contingency basis - meaning that you will not need money up front. Your Colorado car accident attorney's fee will be a percentage of any award recovered (generally 1/3).

Keep in mind that under Colorado law, personal injury cases have a "statute of limitations" - a time period within which you must file such a claim or lose your right to seek a remedy.

Do not put off contacting a Colorado personal injury lawyer today.

by: Susan Slobac

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