Using a phone while driving has changed in Colorado. Starting in 2025, the state has enacted a new hands-free law, making it illegal to hold or use a handheld device while operating a vehicle. This law aims to reduce distracted driving and improve road safety, but many drivers still have questions about what it means for them.
At Denver Personal Injury Lawyers®, we’ve seen how distracted driving causes serious accidents. In this guide, our Denver car accident attorneys explain the details of the new law, the penalties for violations, and how this change affects drivers in Colorado. If you’re involved in an accident related to distracted driving, knowing your rights is crucial.
What Is Colorado’s New Hands-Free Law?
The Colorado Hands-Free Law prohibits drivers from using handheld devices while operating a vehicle. This includes:
- Holding a phone to talk or text.
- Scrolling through social media.
- Watching videos or using a handheld GPS.
- Recording or taking photos while driving.
Are There Any Exceptions?
Yes, the law allows a few exceptions, including:
- Calling 911 in an emergency.
- Using a hands-free system, such as Bluetooth or voice commands.
- Using a phone while the vehicle is parked or completely stopped (not just at a red light).
For more details on the official regulations, visit the Colorado General Assembly’s page on the new hands-free law.
Penalties for Violating the Hands-Free Law
Drivers caught using a handheld device while driving will face fines and points on their license. Here’s what the penalties look like:
- First offense: $75 fine and 2 points on your driving record.
- Second offense: $150 fine and 4 points on your driving record.
- Third or subsequent offenses: $250 fine, 4 points, and potential license suspension.
How This Law Affects Insurance
Since violations result in points on your license, insurance companies may increase your premiums. Too many points can also lead to a license suspension, making it harder to keep coverage affordable. Higher premiums can add hundreds of dollars to annual insurance costs, making safe driving a priority.
How Do Authorities Track Accidents Caused by Phone Use?
Determining whether a crash was caused by phone use involves multiple forms of evidence. Law enforcement officers gather information from:
- Police reports that note driver distraction as a possible factor.
- Eyewitness statements from other drivers or passengers who saw phone use.
- Traffic camera footage capturing the moment before impact.
- Phone records, which can be subpoenaed in accident investigations.
- Vehicle telematics, which may show erratic driving behavior before a crash.
According to the National Highway Traffic Safety Administration (NHTSA), reported distracted driving crashes remain undercounted since not all cases involve clear evidence of phone use. Many accidents attributed to “driver inattention” may actually involve smartphone distractions. This underscores the importance of thorough investigations in accident claims.
Common Accidents Caused by Distracted Driving
Distracted driving, especially due to phone use, leads to a wide range of accidents. Some of the most common include:
- Rear-end collisions: Drivers looking at their phones fail to notice slowed or stopped traffic ahead.
- Side-swipe accidents: A distracted driver may drift into another lane, sideswiping a nearby vehicle.
- Intersection crashes: Texting or scrolling can cause a driver to run a red light or fail to yield.
- Pedestrian and cyclist accidents: Not paying attention can lead to striking a pedestrian or cyclist crossing the road.
- Single-vehicle crashes: A driver distracted by their phone may run off the road or hit a stationary object.
These types of accidents often lead to severe injuries, making it essential for victims to seek legal help when filing claims.
Does the Hands-Free Law Address Other Forms of Distracted Driving?
While the new law specifically targets handheld phone use, other forms of distracted driving remain dangerous and illegal under Colorado’s general careless and reckless driving statutes.
Common distractions that are not directly included in the hands-free law but can still result in accidents include:
- Eating or drinking while driving.
- Smoking or vaping behind the wheel.
- Adjusting the radio or in-car entertainment system.
- Grooming, such as applying makeup or shaving.
- Interacting with passengers or pets in an unsafe manner.
Even though these activities are not explicitly banned under the hands-free law, they can still be used as evidence of negligence in an accident case.
Why Did Colorado Pass the Hands-Free Law?
Distracted driving is a growing problem in Colorado. Statistics show that:
- Over 10,000 crashes each year in Colorado involve a distracted driver.
- Texting while driving increases the risk of an accident by 23 times.
- Other states that implemented hands-free laws saw a significant drop in distracted driving-related crashes.
The goal of this law is to curb preventable accidents and encourage safer driving habits. Lawmakers believe this measure will save lives, reduce injuries, and lower crash-related expenses for both individuals and the state.
For insights into how hands-free laws have reduced crash rates in other states, check out this Insurance Institute for Highway Safety (IIHS) report.
The Debate Over Hands-Free Laws
While many support the law, some critics argue that hands-free devices can still be distracting. Even when using Bluetooth, drivers may lose focus on the road while engaged in conversations. Studies have shown that cognitive distractions can still impair reaction times, even if hands remain on the wheel.
Additionally, some drivers worry that enforcement may lead to excessive fines or unfair citations. Others believe it will be difficult for law enforcement to distinguish between legal and illegal phone use. Despite concerns, research indicates that states enforcing hands-free laws have seen a reduction in distracted driving-related crashes, proving their effectiveness in enhancing road safety.
How a Hands-Free Violation Can Affect Your Accident Case
If another driver was violating the hands-free law when they caused an accident, this violation can strengthen your case. Proving that they were distracted at the time of the crash helps establish negligence, increasing your chances of full compensation.
Understanding Negligence in a Hands-Free Violation Case
Negligence means a driver failed to act with reasonable care, putting others at risk. If a driver was illegally using their phone, it can serve as evidence that they were not paying attention to the road. This can be critical in determining fault and securing compensation for your injuries.
Negligence is often established by showing that:
- The driver had a duty of care to follow traffic laws and drive safely.
- They breached that duty by violating the hands-free law.
- That breach directly caused the accident and resulting injuries.
- You suffered damages, such as medical expenses, lost wages, or emotional distress.
How to Prove a Hands-Free Violation
You and your Denver car accident attorney can use several methods to show that the at-fault driver broke the law, including:
- Taking photos or videos at the scene if it is safe to do so.
- Obtaining witness statements from others who saw the driver using a phone.
- Subpoenaing phone records to check if the driver was making a call or texting.
- Checking traffic or dash cam footage that may have captured the violation.
A Denver car accident attorney can help gather this evidence and use it to hold the negligent driver accountable.
Contact Denver Personal Injury Lawyers® for a Free Consultation
Understanding Colorado’s hands-free law is essential for staying safe and protecting your rights. If a distracted driver injured you, don’t face the legal process alone. Our experienced team knows how to prove fault, negotiate with insurers, and fight for the compensation you deserve.
Call us today or fill out our online form to schedule a free consultation.
Let our Denver car accident attorneys handle the legal work while you focus on recovery. Protect your rights and ensure you receive every dollar you’re entitled to!
