Colorado’s Hands-Free Law and Work-Related Car Accidents: What Injured Drivers Should Know in 2026
Distracted driving is one of the leading causes of car accidents in Colorado, and it can result in serious injuries. If you were injured in one of these crashes, the Lakewood car accident attorneys at The Frickey Law Firm can represent you in the legal process.
Colorado was one of the last states in the country to adopt a complete ban on handheld mobile device usage. Now, there are tough penalties for many forms of mobile device usage that can even result in points on a driver’s license. Those who have been injured in a crash while on the job may use evidence of cell phone usage when they are seeking compensation from the responsible driver. However, their own mobile device usage may not keep them from receiving workers’ compensation benefits.
Learn more about how the new hands-free law in Colorado can affect your legal case by speaking with a Lakewood car accident attorney at The Frickey Law Firm. You can speak with one of our attorneys in a free initial consultation by calling us today at 303-237-7373.
How the New Hands-Free Law Works in Colorado
On January 1, 2025, a tough new hands-free law took effect in Colorado. While the previous law had some loopholes that allowed for limited types of cell phone usage behind the wheel, the new law prohibited practically all utilization of a handheld device. Motorists cannot manually use and hold a phone when they are driving. The first offense results in a $75 fine and two points on your license (the points can be waived if you are able to show that you have since purchased a hands-free device). A second violation could result in a $150 fine and three points on your driver’s license.
The following may be violations of Colorado’s new hands-free law:
- Typing an email or sending a text
- Surfing the internet through the use of hands
- Using GPS or adjusting music on the phone itself, as opposed to through the infotainment screen on a vehicle
- Holding the phone to your ear to have a conversation
How Cell Phone Usage Can Affect Your Car Accident Case
If you are a driver who has been injured in a work-related crash (whether you or the other motorist was on the job at the time of the accident), evidence of cell phone usage can greatly affect your case. Drivers who are distracted often commit careless actions, such as rear-ending vehicles in front of them, drifting out of their lane, or cutting into a blind spot while changing lanes. You may be able to prove negligence solely by virtue of showing what the driver did. Direct proof that they were on their phone illegally at the time of the accident can strengthen your case exponentially.
Third-party fault is a way that you can step outside of the workers’ compensation system to file a personal injury lawsuit. If the other driver was violating the hands-free law, and they were the one who was negligent in the crash, you can file a direct lawsuit against them, or a claim against their auto Insurance policy. Usually, your Lakewood car accident lawyer would try to find a way for you to be able to file a personal injury lawsuit because it can result in more compensation if you are successful.
The police officer who was called to the scene to investigate the crash may have written a citation to the other driver for their cell phone usage, based on witness testimony. If that is the case, the legal principle of negligence per se could apply to your case. If you are able to prove that another driver was violating the law at the time of the accident, it may be evidence of negligence on its own. Since the hands-free cell phone law is a safety statute that is intended to protect you, another driver violating it could fall under this legal concept. Even if there was no citation was issued, you may still be able to gather evidence of the other driver’s cell phone usage through a subpoena in a personal injury lawsuit.
If you were driving for work and wrongfully using a cell phone at the time of the crash, you should still be able to qualify for workers’ compensation benefits. Nevertheless, your employer and their insurance company may try to dispute your claim. Typically, distracted driving is treated as negligence. Workers’ compensation is a no-fault system, so you can still qualify for benefits even if you were the one who was negligent. Still, insurance companies try to complicate your claim in any way that they can, so you must still be prepared to deal with these arguments.
Contact a Lakewood Car Accident Law Firm to Learn More About Your Case
If you have been injured in a crash while you are on the job, a Lakewood car accident lawyer at The Frickey Law Firm can help determine your most effective path to compensation. The Frickey Law Firm has proven results. Everything begins with a free initial consultation, which you can schedule by reaching out to us online or by calling us today at 303-237-7373.
Attorney Janet Frickey wants to do the right thing. An impassioned litigator and client advocate for more than 40 years, Ms. Frickey is the owner and managing attorney of The Frickey Law Firm who focuses in workers’ compensation and personal injury. Learn more here.