Drivers in Colorado are subjected to harsher road conditions and weather elements that make it easy for their windshields to become cracked. If you have a crack in your windshield, you may be wondering if you’re breaking any laws.
One of the many consequences of a cracked windshield is that it can obstruct your view, making you more vulnerable to an accident. You may even get a ticket. Depending on the penalties, you may want a cracked windshield lawyer to represent you.
Ganderton Law LLC is a personal injury law firm that can help you with your cracked windshield concerns after an accident. We put the personal back into personal injury law by assisting injured victims following a crash.
Our previous experience in insurance defense can help provide guidance on these legal matters. In this blog, we discuss Colorado windshield laws and how they could impact your car accident case.
With previous experience working on insurance defense, our unique perspective allows us to elaborate more on the topic of barefoot driving legality and how it may impact your car accident case.
Colorado Windshield Laws Every Driver Must Know
Every driver in Colorado is responsible for maintaining their vehicle and complying with state laws. Colorado windshield laws are in place to ensure you have clear visibility while driving.
State statutes prohibit anyone from driving a vehicle that has obstructed windows with specific guidance on front windshields. Here is what you should know about the windows and windshield of your vehicle:
Your Windows Should Be Free of Obstructions
Colorado laws specify that you can’t drive a vehicle on any highway if you have an obstructed view through any of the glass portions. This can pertain to cracks, stickers, or even where you attach your phone or GPS. In particular, there shouldn’t be anything—from cracks to damage—directly in front of the driver’s portion of the windshield.
Dark Tint Is Against the Law
Tinted windows allow for more privacy and can block harmful UV rays. However, any tint that lets in less than 27% of visible light through is illegal, especially on the front windshield.
You Must Have Working Windshield Wipers
You are expected to maintain the windshield wipers on your vehicle at all times to clear away rain and snow.
No Cracks in the Windshield
While it is easy to get a little crack in your windshield while driving in Colorado, you should have it repaired as soon as possible. If this crack can obstruct your clear view as a driver, it’s considered illegal in Colorado.
However, nothing is specifically defined as to what is an obstruction of your view. This will be determined at the discretion of any police officer who may stop you for a cracked windshield or another traffic violation. If the crack in your windshield appears right in front of your driver’s seat, it will most certainly be considered a violation of state laws. Police officers reserve the right to make this determination and may cite you for a crack—even on that that appears on the passenger’s side.
For these reasons, you’ll want to repair a crack or damage to your windshield promptly. You won’t want to risk getting a ticket. Additionally, if you get into a car accident when you have a crack in your windshield, you may be partially blamed even if you weren’t the one to cause the crash. Then you’ll want legal help for cracked windshield fines. A personal injury attorney can help you recover compensation from this incident.
Understanding Federal Laws Regarding Cracked Windshields
Even though Colorado windshield laws only consider it illegal to drive with a crack in the windshield that obstructs the driver’s view, you should also know the federal laws concerning this issue. Federal statutes declare that a driver must have a windshield that is free of obstructions above the steering wheel.
The only exception to this portion of the windshield is the two-inch border found at the top of the windshield. Federal law requires you to repair damage if the crack in your windshield is ¼-inch wide or larger, or if your cracks intersect other cracks in the windshield. Additionally, any damage that is the size of a penny in diameter must be repaired immediately as it is considered a serious obstruction for drivers.
How a Cracked Windshield Can Compromise Vehicle Safety
The windshield on your vehicle does more for your car than you may realize. When this glass becomes damaged in any way, it can cause issues that put your safety at risk.
Issues with Structural Integrity for the Vehicle
Windshields aren’t just there for your unobstructed view of the road. They also protect you in the event of an accident. When windshields have chips or cracks, they are structurally compromised, which may lead to more severe injuries for you and any passengers.
Impacts the Function of the Safety Glass
The type of glass used to make car windshields is unique, preventing it from breaking in the same way that regular glass breaks. This safety glass is bonded with resin that keeps the glass from shattering. When safety glass becomes damaged, it can’t fully protect you in the event of a crash.
Creates Issues with Airbag Deployment
In a car accident, when the airbags deploy, they are designed to bounce off the windshield, allowing them to then protect the passenger in your front seat. Airbags deploy with great force, which is why some people suffer injuries from the airbags. When you have a damaged windshield, the airbag could knock out the windshield at the point of the crack and leave your front passenger vulnerable to serious injuries.
Blocking Your View
The most immediate issue you will notice if you have a cracked windshield is that you will not be able to see through this area as well. It can be even more problematic at night as the cracks in the glass can cause prisms from any street lights or headlights, which can further prevent you from seeing properly.
Consequences of a Cracked Windshield
If you have a cracked windshield, you should get it fixed before a police officer takes notice. In the event this crack was caused by a random pebble or piece of gravel while you were on the road, it may be best to contact your insurance carrier. Your policy most likely will cover this type of repair. If someone else caused it, you can file a claim with their insurer or have them pay out of pocket for the damages.
Driving with a cracked windshield could result in fines and penalties. While you may be worried about the cost of repair, it may be cheaper to repair it. Since police officers will use their discretion, they may issue other citations to you, and these fines—along with the points on your driver’s license—will be a bigger headache than simply making the repairs.
Even worse, if you get into an accident when you have a cracked windshield, you may be held liable for the crash. It may be obvious that the other driver crashed into you, but since Colorado is an at-fault state, they may try to claim that you didn’t see them and couldn’t maneuver away.
What to Do If You Are Blamed for a Car Accident When You Have a Cracked Windshield
A cracked windshield may cause you to get in an accident. If you were the one to crash into another vehicle because your view was obscured by this crack, you would be considered at fault.
However, if someone else clearly hits your vehicle, they could still blame you, and that crack in your windshield gives them the perfect ammunition. Since it’s your duty to maintain your vehicle, you could be assigned partial fault. Colorado’s modified comparative negligence laws require you to be less than 50% at fault for an accident, otherwise you will be barred from collecting compensation.
You may be assigned a small percentage of fault for having damage to your windshield, and whatever you are awarded for damages will then be reduced by that amount. If you were in a car accident and you noticed that the other driver had a cracked or broken windshield prior to the collision, speak to an attorney. The other driver may try to say it broke in the crash, but traffic camera surveillance footage and witness statements can help show the facts.
If you have questions about your personal injury matter and whether a broken windshield may be a factor, contact Ganderton Law LLC to discuss your case.
