Distracted driving will likely always be a major problem on our roads. It's a sad point to make, but a realistic one, at least for the time being. People use cellphones while they are behind the wheel of a car even though they know it is dangerous, and even though there are plenty of laws all across the United States banning this behavior. Even before there were cellphone bans and texting bans for drivers, there were still negligence laws that encapsulated this reckless behavior.
So what are the bans that are in place in the state of Colorado that pertain to cellphones and driving? There are two, and they are blanket bans.
The first bans any novice drivers from using handheld or hands-free cellphones while driving. For the purposes of this law, "novice drivers" are defined as people under the age of 18.
The second law bans texting for all drivers, regardless of age. Both of these laws are primary laws, which means that a police officer can pull you over if they observe you violating that law. Previous iterations of some cellphone bans for driving in the U.S. classified the offense as secondary laws, which meant that an officer had to pull a driver over for a different offense first before they could cite them for using a cellphone behind the wheel of a car.
If you are involved in a car crash and the police find that another driver was negligent by texting while driving, then you should consider pursuing civil litigation to hold them responsible for their recklessness.
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