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Holding a phone behind the wheel is now illegal throughout Colorado, including at red lights. Cannon Law, a Loveland car accident lawyer serving Northern Colorado, regularly sees the consequences of distracted driving firsthand. Under Colorado’s hands-free law, drivers are prohibited from holding or manually using a mobile electronic device while operating a vehicle. Drivers must use accessories such as Bluetooth, dashboard mounts, or voice controls. Understanding Colorado cell phone law matters if you are trying to stay compliant or were recently hurt by a driver who was not.
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Since January 1, 2025, Colorado cell phone law prohibits drivers 18 and older from holding or manually using a mobile electronic device while operating a vehicle, including for voice calls, texting, or navigation. Bluetooth systems, dashboard mounts, and single-touch activation features remain permitted. The phone must not be in the driver’s hand or pinned to their ear. Hands-free is legal; handheld is not.
Under Colorado Revised Statutes section 42-4-239, no driver may hold or manually use a mobile electronic device while the vehicle is in operation, including at intersections and during complete stops. Penalties escalate with repeat offenses: a first violation carries a $75 fine and two license points, a second offense within 24 months brings $150 and three points, and a third or subsequent offense reaches $250 and four points. First-time violators can dismiss the citation by providing proof of purchasing a hands-free accessory, subject to conditions.
A statutory violation does not stay in traffic court when an injury follows. Colorado courts recognize negligence per se, a legal theory holding that a driver who breaks a safety law and causes the harm that law was designed to prevent may be found negligent without additional proof. CRS 42-4-239 was enacted to reduce distracted-driving crashes. A driver who holds a phone, causes a collision, and injures another person may face civil liability in addition to traffic penalties. Phone records, witness statements, and law enforcement findings help establish that the violation caused the crash.
Colorado law recognizes limited exceptions to the hands-free requirement. Drivers may use a mobile device to contact emergency services when there is reason to fear for their safety or to report a fire, accident, road hazard, or reckless driver. Law enforcement officers, emergency responders, and commercial driver’s license holders are also exempt. These exceptions are narrow. A driver reporting a genuine emergency is protected; one reaching for the phone out of habit is not.
Evidence of phone use at the time of a crash carries significant weight in a Colorado injury claim. When a driver was violating CRS 42-4-239 at the moment of impact, that violation supports a negligence argument and shifts liability toward the injured party. Colorado follows a modified comparative negligence standard under Colorado Revised Statutes section 13-21-111, which reduces a plaintiff’s damages proportionally to their share of fault and bars recovery entirely at 50 percent or more. Proving the other driver was on the phone illegally can be decisive in keeping fault where it belongs.
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Steps taken immediately after a crash shape what evidence is available later. Call law enforcement to document the scene and note any citations. Photograph the vehicles, intersection, and visible injuries. Note whether the other driver appeared distracted or was holding a phone. Avoid recorded statements to insurance representatives without legal guidance. Preserving early evidence, including phone records obtained through the legal process, can mean the difference between a well-supported claim and one opposing parties can dispute.
Distracted driving cases hinge on evidence, and that evidence must be preserved quickly. Cannon Law represents car accident victims throughout Northern Colorado, including Loveland, Greeley, Longmont, and Fort Collins. Our team investigates distracted driving crashes, identifies Colorado cell phone law violations, and pursues the compensation injured clients deserve. Call us today at (970) 471-7170 to discuss your case.
Sam Cannon is a dedicated personal injury attorney representing individuals against large corporations and insurance companies. As the founder of Cannon Law, he has built his practice around advocating for injured individuals in complex cases, including traumatic brain injuries, carbon monoxide poisoning claims, and insurance bad faith disputes. Years of Experience: 10+ years
Sam Cannon
Colorado Registration Status: Active and authorized to practice law
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This page has been written, edited, and reviewed by our team of legal writers following strict editorial guidelines.
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