A major change is coming to Colorado roads in 2025, and it could impact your car accident claim if you were hit by a distracted driver. The state’s new hands-free law makes it illegal to hold or use a handheld device while driving. While the law is designed to reduce accidents, it also provides a clear legal standard for proving negligence in personal injury cases.
If you were in a crash caused by another driver’s cell phone use, this law can strengthen your case. Violating the hands-free law is evidence of reckless driving, making it easier to establish fault and seek compensation for medical bills, vehicle damage, and lost wages.
At Colorado Springs Personal Injury Lawyers®, we’ve seen how distracted drivers cause life-altering accidents. In this guide, our Colorado Springs car accident attorneys explain the details of the new law, how to prove the at-fault driver’s negligence, and how you can protect your legal rights after an accident
What Does Colorado’s Hands-Free Law Say?
Starting in 2025, Colorado’s hands-free law prohibits drivers from using handheld devices while operating a vehicle. That means you cannot:
- Hold a phone to talk or text.
- Scroll through social media.
- Watch videos or use a handheld GPS.
- Record or take photos while driving.
- Use any other handheld electronic device while the vehicle is in motion.
This law applies to all drivers, regardless of age or experience. Lawmakers passed it to create safer roads and reduce preventable accidents caused by phone distractions.
Are There Any Exceptions?
Yes, a few exceptions exist under the law:
- Calling 911 in an emergency.
- Using a hands-free system like Bluetooth or voice commands.
- Using a phone while the vehicle is legally parked and fully stopped (not just at a red light).
- First responders and emergency personnel using devices for official duties.
- Commercial drivers using authorized communication systems.
For full details, visit the Colorado General Assembly’s official page on the hands-free law.
Penalties for Violating the Hands-Free Law
If you’re caught using a handheld device while driving, you’ll face fines and points on your license. The penalties increase with each offense:
- First offense: $75 fine and 2 points on your driving record.
- Second offense: $150 fine and 4 points.
- Third or subsequent offenses: $250 fine, 4 points, and possible license suspension.
Colorado’s point system can lead to a suspended license if you accumulate too many violations. This makes compliance crucial for drivers in Colorado Springs and beyond.
Will This Law Impact a Driver’s Insurance Rates?
Yes. Since violations add points to your license, insurance companies may raise your rates. Too many points could also lead to a license suspension, making insurance even more expensive. Drivers who violate the hands-free law repeatedly may see significant premium increases over time.
How Do Police Determine If a Crash Involves Phone Use?
Proving that a driver was distracted by their phone requires multiple sources of evidence. Law enforcement officers may use:
- Police reports noting driver distraction as a contributing factor.
- Eyewitness statements from other drivers or passengers.
- Traffic camera or dash cam footage showing the driver using a device.
- Phone records (subpoenaed during investigations).
- Vehicle telematics, which can detect erratic driving behavior.
According to the National Highway Traffic Safety Administration (NHTSA), many distracted driving crashes go underreported. This is because “driver inattention” often involves smartphone use, even if it’s not explicitly stated in crash reports.
Common Accidents Caused by Distracted Driving
Using a phone while driving is one of the leading causes of crashes in Colorado Springs. Some of the most common accidents include:
- Rear-end collisions – A driver looking at their phone fails to stop in time.
- Lane-drift and side-swipe crashes – A distracted driver drifts into another lane.
- Intersection crashes – Running a red light or failing to yield while texting.
- Pedestrian and cyclist accidents – Failing to notice people crossing the road.
- Single-vehicle crashes – Running off the road or hitting a stationary object.
These accidents often cause severe injuries, making it essential for victims to seek legal help when filing claims.
Does the Hands-Free Law Cover Other Distractions?
While this law specifically bans handheld phone use, other distractions are just as dangerous. Colorado’s general traffic laws already prohibit careless and reckless driving, which includes:
- Eating or drinking while driving.
- Adjusting music or GPS settings.
- Grooming, such as applying makeup.
- Interacting with passengers or pets in a way that affects driving.
Even if the hands-free law doesn’t cover an action, it can still lead to liability in an accident case.
Why Did Colorado Pass This Law?
Distracted driving is a growing problem across the state, including in Colorado Springs. Studies show that:
- Over 10,000 crashes per year in Colorado involve distracted drivers.
- Texting while driving makes you 23 times more likely to be in a crash.
- States with hands-free laws have seen a significant drop in distraction-related accidents.
The goal of this law is to save lives, prevent injuries, and reduce the financial burden of crashes.
For more data on how hands-free laws improve safety, check out this Insurance Institute for Highway Safety (IIHS) report.
How the Law Applies to Rideshare and Commercial Drivers
Commercial drivers, including Uber, Lyft, and delivery service operators, are held to high safety standards. The new hands-free law affects them just like other drivers, but additional regulations may apply:
- Truck drivers and CDL holders may face harsher penalties for hands-free violations, including job loss.
- Rideshare and delivery drivers often rely on apps for navigation, but they must use hands-free mounts or voice commands.
- Taxi and shuttle services must adjust operations to avoid citations while communicating with dispatchers.
Violations can lead to employment consequences, higher insurance costs, and even legal liability if a distracted commercial driver causes an accident.
The Hands-Free Law Debate
While many support the law, some critics believe hands-free devices can still be distracting. Even with Bluetooth or voice commands, drivers may lose focus on the road.
Additionally, concerns exist about how the law will be enforced. Some fear that law enforcement may have difficulty determining whether a driver was illegally using a device or operating it legally through voice commands.
Despite the debate, research shows that states enforcing hands-free laws have experienced fewer distracted driving crashes, proving their effectiveness in improving road safety.
How a Hands-Free Violation Affects an Accident Case
If a driver violates the hands-free law and causes an accident, this violation can help prove negligence in a personal injury claim.
Understanding Negligence in Hands-Free Cases
Negligence means a driver failed to act with reasonable care, putting others at risk. If a driver illegally used a phone, it can be strong evidence that they weren’t paying attention. This helps Colorado Springs car accident attorneys establish fault for victims and recover compensation for injuries.
Negligence is proven by showing that:
- The driver had a duty of care to follow traffic laws.
- They breached that duty by violating the hands-free law.
- That breach directly caused the accident and injuries.
- The victim suffered damages, such as medical expenses, lost wages, or pain and suffering.
Why Expert Guidance from a Colorado Springs Car Accident Attorney Matters
Proving that another driver was distracted by their phone at the time of an accident can be challenging. Insurance companies may argue against your claim, and evidence of phone use isn’t always easy to obtain. A skilled Colorado Springs car accident attorney can make all the difference by:
- Investigating the accident and gathering critical evidence like phone records, dashcam footage, and witness statements.
- Working with accident reconstruction experts to demonstrate how distracted driving caused the crash.
- Negotiating with insurance companies to ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering.
- Representing you in court if necessary to fight for the maximum compensation you deserve.
Having a Colorado Springs car accident attorney on your side ensures that distracted drivers are held accountable for their negligence and that you get the justice you deserve.
Contact Colorado Springs Personal Injury Lawyers® for a Free Consultation
Understanding Colorado’s hands-free law is essential for protecting your rights on the road. If a distracted driver has injured you, you shouldn’t face the legal process alone. Our experienced team knows how to prove fault, negotiate with insurers, and fight for the compensation you deserve.
At Colorado Springs Personal Injury Lawyers®, we have a long history of helping accident victims recover the compensation they need. Our firm is built on experience, dedication, and a track record of success. We’ve helped countless clients in Colorado Springs get justice after being injured by negligent drivers.
Call us today or fill out our online form to schedule a free consultation.
Let our Colorado Springs car accident attorneys handle the legal work while you focus on your recovery. Protect your rights and get the justice you deserve!
