Thornton Personal Injury Lawyers Who Look at the Other Driver's Phone

The statute has exceptions, including contacting a public safety entity and genuine emergencies. A violation is a class A traffic infraction.

A traffic citation is not the same as civil liability, but a violation can be evidence that a driver failed to use reasonable care. Proving phone use can take phone records, vehicle data, witness accounts, and video.

That evidence does not last. Asking for it to be preserved early, and pursuing it through the court process where a case is filed, is part of building the claim.

More on these cases is on the Thornton distracted driving accident page.

• Road crashes. Three years, C.R.S. 13-80-101(1)(n).
• Premises injuries. The owner's duty depends on the visitor's status under C.R.S. 13-21-115.
• Dog bites. Economic damages for serious bodily injury under C.R.S. 13-21-124(2), whether or not the dog had a history.
• Defective products. Two years under C.R.S. 13-80-106(1).
• Wrongful death. Two years under C.R.S. 13-80-102(1)(d).
• Medical negligence. Damages governed by C.R.S. 13-64-302.

Colorado's statewide rules for each category are collected on our personal injury practice page.

The non-economic cap in C.R.S. 13-21-102.5(3)(a)(II) is $1.5 million. It reaches any claim accruing on or after January 1, 2025, and any action filed between January 1, 2025 and January 1, 2026. It rises with inflation from 2028, and the court, not the jury, applies it.

Two things sit outside that limit. C.R.S. 13-21-102.5(5) states that nothing in the section limits compensatory damages for physical impairment or disfigurement, and the section does not cap economic damages at all.

Some claims fall under other ceilings. Wrongful death non-economic damages are limited to $2,125,000 for claims accruing on or after January 1, 2025 (C.R.S. 13-21-203(1)(a)). Health care claims use C.R.S. 13-64-302, and public-entity claims use the total cap in C.R.S. 24-10-114.

A claim for exemplary damages cannot appear in the first complaint. Under C.R.S. 13-21-102(1.5)(a) it is added later, after disclosures and a prima facie showing, and subsection (1)(a) generally caps it at the actual damages awarded.

The blog post on settlement value explains how insurers approach these numbers.

• Car, truck, and other motor vehicle claims: three years, C.R.S. 13-80-101(1)(n).
• Negligence and premises claims: two years, C.R.S. 13-80-102(1)(a).
• Wrongful death: two years, C.R.S. 13-80-102(1)(d); four years under subsection (2) where the defendant committed vehicular homicide and left the scene.
• Government claims: a written notice within 182 days of discovering the injury, C.R.S. 24-10-109(1).

C.R.S. 13-80-108(1) sets accrual at the point both the injury and its cause are known, or reasonably should be. Wrongful death runs from the date of death under subsection (2).

Rules for minors and people under a legal disability are in C.R.S. 13-81-103, and they turn on whether a legal representative is in place. Because each of these deadlines has conditions, the date for a specific claim should be confirmed with a lawyer early.

Survivors can find the specific rules on our Thornton wrongful death page.

• What is my claim likely to turn on? Usually fault, the medical record, or insurance limits. Ask which one matters most in your case.
• How do you charge? Contingency fee, no attorney fee unless there is a recovery, with costs explained in writing before you sign.
• Who handles the day-to-day work? Attorneys make the legal decisions; paralegals chase records and keep the file moving.
• Will you go to court? Many claims settle, and a firm ready to try a case gives an insurer a reason to take the claim seriously.
• How do I reach you? By phone or through the website, in English or Spanish.
• Should I talk to the other driver's insurer? Not about fault or your injuries until you have advice. We explain why below.

The firm's approach from intake to resolution is laid out on the how we handle your case page.

That line controls one important remedy. Under C.R.S. 10-3-1116(1), a first-party claimant whose claim was unreasonably delayed or denied may recover two times the covered benefit plus fees and costs. C.R.S. 10-3-1115(1)(b) says a liability claimant is not a first-party claimant.

An insurer's first offer reflects the insurer's interests. Treat it as an opening, not an answer.

If the at-fault driver had little or no insurance, read our guide to crashes with an uninsured driver in Colorado.

An online case review is available if calling is not convenient.