There has been some recent progress on distracted driving in Colorado. A new study shows that distracted driving has declined since the state’s hands-free law took effect last year, according to the Pagosa Daily Post. But more work still needs to be done to prevent distracted driving in the state.
“Colorado’s hands-free law is helping change habits, but it only works if drivers commit to it,” Colorado Department of Transportation (CDOT) Executive Director Shoshana Lew said in an interview with the Pagosa Daily Post. “When you’re behind the wheel, nothing on your phone is more important than getting everyone home safely.”
What Is Colorado’s Hands-Free Distracted Driving Law?
On January 1, 2025, Colorado’s new hands-free distracted driving law went into effect. Under Colorado Revised Statute § 42-4-239, it is illegal for drivers in Colorado to use a cellphone while driving unless the driver has a hands-free device.
Previously, Colorado only banned texting while driving. The state’s new law “now includes holding or manually using a phone or other mobile device for voice calls or any other reason, requiring all drivers to use a hands-free device,” according to a CDOT guide to the state’s new hands-free distracted driving law.
2026 Update: The Impact of Hands-Free Legislation in Colorado
Colorado’s transition to a hands-free state has yielded measurable results. Following the 2025 implementation of CRS § 42-4-239, CDOT data shows a 4.7% year-over-year decline in distracted driving incidents.
More impressively, January 2026 figures indicate that the trend is holding, with an 8.3% drop in distracted-driving accidents compared to the final year of the "texting only" ban.
While these numbers are encouraging, the reality is that thousands of drivers still handle their devices illegally, and the resulting high-speed collisions on I-25 and Powers Boulevard remain a primary cause of catastrophic injuries.
The Physics of Distraction: Why Seconds Matter in a Crash
Distracted driving is dangerous because it takes away the one thing drivers need most in traffic: attention. A person doesn’t have to be texting to cause a serious wreck.
Looking at a map app, reading a notification, changing music, or picking up a phone from the passenger seat can be enough.
By the time a distracted driver looks up, traffic may have stopped, a light may have changed, or another vehicle may already be directly in front of them.
That’s why these crashes often happen in ways that seem painfully avoidable. Rear-end wrecks, red-light crashes, lane-drift collisions, and pedestrian impacts often stem from the same basic problem. The driver wasn’t focused on driving when it mattered most.
Some of the most common ways distracted driving causes serious crashes include:
- A driver looks down at a phone and doesn’t notice slowing traffic ahead until it is too late to stop.
- A driver drifts out of a lane while reading or tapping a screen, sideswiping another vehicle.
- A driver misses a red light or a delayed left-turn signal because they are distracted by a mobile device.
- A driver fails to see a pedestrian, cyclist, or motorcyclist because visual focus is inside the vehicle rather than on the road.
Preserving Evidence of Mobile Device Use After a Wreck
Many distracted driving claims are stronger than they first appear, but only if the right evidence is preserved. Drivers do not always admit they were using a phone.
Police officers do not always see the distraction happen. And some crash reports may only hint at what really caused the collision. That’s why an investigation often needs to go beyond the initial paperwork.
In 2026, proving distraction requires uncovering a "digital fingerprint" that the at-fault driver won't readily admit to. Beyond the police report, we target specific evidence that disappears quickly: cellphone network logs that timestamp data usage, timestamps from social media apps, and telematics data from the vehicle itself.
When a driver claims they were "looking at the road," but their phone records show an active data stream at the exact moment of impact, that contradiction becomes the foundation of your claim. We act immediately to secure these records before they are purged by service providers.
Legal Help After Serious Crashes in Colorado Springs
If you've been injured by a driver who wasn't paying attention, a Colorado Springs distracted driving accident lawyer can do much more than file paperwork after a crash.
When a driver causes a wreck because they were looking at a phone, reading a text, or paying attention to anything other than the road, proving that distraction is often harder than injured people expect.
Proving distraction is often more complex than it appears because insurance companies will fight to label the crash a "simple accident" rather than a choice to ignore the law.
At The Longo Firm, LLC, we treat these cases as a breach of public trust. We don't just wait for the police report; we proactively secure dashcam footage and interview witnesses who may have seen the driver’s head down in the seconds before the collision. Whether we are negotiating a settlement or preparing for trial, our goal is to ensure the compensation reflects the full scope of your medical needs and the total disruption of your life.
Get the Colorado Springs law firm that gets results, including $3.85 million on one car accident case. Contact us and schedule a free case evaluation with The Longo Firm, LLC. We can answer your questions, explain your options, and fight for the compensation you deserve after a serious Colorado distracted driving accident.
"Attorney Longo was fantastic!... He was very knowledgeable, professional, and easily accessible… Everything worked out in our daughter’s favor, thanks to him. I’d easily recommend him, as he’s a remarkable lawyer!" – Jennifer, ⭐⭐⭐⭐⭐