Distracted driving is a pervasive issue across the country and in Colorado.
Some types of distraction — like a fussy toddler in the back seat or an inscrutable dashboard warning light that suddenly pops up — are inevitable. But others are very much in our control, and they’re now being regulated by Colorado law. Regardless of the type(s) of distraction we encounter while driving, we are wholly responsible for maintaining attentive control of the vehicle we operate.
The Colorado Hands-Free Law — in effect as of Jan. 1, 2025 — bans Colorado drivers from holding or handling mobile devices while their car is in motion. That means no more picking up your phone to make a call or search for directions while you’re driving.
“This is a step in the right direction to help encourage safe driving,” said Stephen Burg, Personal Injury Practice Leader and Shareholder at Burg Simpson Law Firm. “Phones, websites, and apps are very addicting. This is a small step to curb the problem of distracted driving with our phones.”
Here’s what you need to know about Colorado’s new distracted driving law and Burg Simpson’s resources for those affected by distracted drivers.
What Does the New Law Say?
The new legislation doesn’t just ban texting and driving (which was already illegal in Colorado) — it prohibits any hands-on phone use while driving.
The law does not mean you can’t use any technology while you drive — it just means you have to go hands-free. That means if you’re making a call or searching for directions, you’ll want to get set up before you start driving and rely on audio or voice-activated guidance from there.
You’re also allowed to use hands-free accessories to handle your technology. You can utilize your car’s Bluetooth or Carplay systems to give voice commands or change your music, or you can install a dashboard phone mount so you can see directions without having to hold your phone.
And the Colorado distracted driving law still applies when you’re momentarily stopped at a red light, stop sign, or by traffic, but it’s not in effect when your car is parked. There is an exception to the law if you’re calling 911 or reporting an emergency, or if you happen to work as a utility worker, animal protection officer, first responder, or code enforcement officer (while in the commission of that scope of work).
Why Does Colorado Need the Hands-Free Law?
It was already illegal to text and drive in our state, so you might think that further measures against distracted driving aren’t necessary; however, all forms of distracted driving are now enforceable by law in Colorado.
CDOT’s annual Driver Behavior Report, released in late 2024, showed that 77% of Colorado drivers surveyed admitted to using their phones while driving. Asked about their phone use within a week of the survey, 37% of drivers said they’d picked up their phones to read a text message, while 42% had picked up their phones to take or make a call.
Even picking up your phone to speed-dial a friend can have deadly consequences. As of the report’s November release, there had been 299 fatalities on Colorado roads in 2024. The top issues that contributed to these fatal accidents? Speed, impairment, and distracted driving.
“The law is designed to prevent physical distractions within the vehicle. People have two hands to drive and perform the maneuvers that they need to perform,” Burg said. “You will see distracted drivers with a phone in their hands, which increases the risk of us being hurt by someone else. Distracted driving is a huge issue on our highways.
What Does the Colorado Distracted Driving Law Mean for Me?
Under this new Colorado driving law, you’re in trouble if an officer spots you driving carelessly while holding a device. That’s grounds for them to pull you over, and if you’re cited, your first offense will cost you a $75 fine and two license suspension points. The law does allow you to get your first offense charge dismissed if you can show that you’re purchasing or have bought a hands-free device accessory for your car.
What if I’m in a Crash with a Distracted Driver?
If you’re hit by a distracted driver in Colorado (or if you happen to be the distracted driver at fault), there are a few things you should know.
“A violation of the hands-free law can impact claims in an accident, since it shows disregard and possible negligence on the distracted driver’s part. And negligent conduct can become reckless conduct, meaning the distracted party can be exposed to punitive damages”, Burg said.
While it can prove fault if the other party in your accident was on their phone, you should still be careful to follow traffic rules and stay in your lane (in addition to complying with Colorado’s distracted driving law).
Stephen Burg said that with the arrival of this new law, there will likely be more law enforcement and lawyers requesting phone data after accidents. If a driver negligently injures or kills someone and is suspected of having had a phone in their hand, there will have to be visual testimony, CCTV, or bodycam footage of them using their phone to determine that they were, indeed, distracted.
With all of this in mind, it’s vital to remember that if a distracted driver hits you, you should immediately:
- Take pictures of everything at the scene
- Document your on-scene conversations by recording them on your phone
- Call the police and file a report
- Immediately call a lawyer like the experienced team at Burg Simpson Law Firm
If you’re in a crash with a distracted driver, the car accident attorneys at Burg Simpson are ready to help. Contact Burg Simpson for a free, confidential consultation. Most importantly, be proactive and protect yourself and your passengers on the road by adhering to Colorado’s new distracted driving law.
The news and editorial staffs of The Denver Post had no role in this post’s preparation.