Do you ever wear your headphones while driving or notice other drivers wearing them? It’s important to be aware of driving with headphones laws in Colorado to make sure you’re not doing anything illegal.
If you wind up in a car accident with a driver who was wearing them at the time, you may wonder, can you drive with headphones?
You’ll want to talk to a car accident attorney about the specific factors of your case. Ganderton Law LLC focuses on putting the personal back into personal injury law by helping injured victims in car accidents get fair compensation. Our previous experience in insurance defense has given us a unique perspective to help you understand driving with headphones laws in Colorado.
In this article, we answer the question, “Is wearing headphones while driving legal?” as well as provide tips on what to do if you were in an accident with a driver who was wearing headphones at the time of the crash.
Can You Drive with Headphones?
Is wearing headphones while driving legal? The answer to that question depends on where you are. In some states, wearing headphones while driving is legal. In others, it’s prohibited by law. Maryland, California, Louisiana, Minnesota, Washington, and Virginia all have laws that forbid it.
Other states have driving with headphones laws that make it illegal with exceptions. For example, you can drive while wearing one earbud for any purpose in the states of Colorado, New York, Florida, Ohio, Illinois, and Washington, DC. However, in states like Georgia, Rhode Island, and Pennsylvania, you can only wear one earbud for making phone calls.
Alaska allows drivers to use one earbud to assist with hearing or for using GPS. In Massachusetts, it is only legal to drive with one earbud for GPS navigation.
The remaining 33 states do not have any specific laws regarding the issue of wearing headphones while driving. While you could technically drive in those states while wearing headphones or earbuds, these laws may soon be updated to make it illegal. Since they can cause a distraction for drivers, it may not be long before other states start making it an official law.
What Makes Driving with Headphones More Dangerous?
Even if there aren’t laws that restrict or forbid driving with headphones in, it may be best not to use them while behind the wheel. You may not encounter legal issues with driving and headphones just by wearing them, but it could cause you to get into a car accident.
Here is a deeper look at why you should think twice before wearing headphones or earbuds while you’re behind the wheel.
It Decreases Your General Awareness
When you’re wearing headphones while exercising or sitting in your living room, you won’t notice much else around you. In the car, that can lead to a deadly situation. Headphones and earbuds, especially the noise-canceling varieties, can block out important sounds while you’re driving. You may not hear honking from other drivers to alert you of potential danger or even emergency vehicles trying to pass through an intersection.
Headphones Are Another Distraction
Cell phone usage is one of the most common distractions that lead to car crashes. Headphones are another distraction as they pipe loud music, audiobooks, and phone conversations right into your ears. It’s easier to get lost in the music and become distracted while wearing headphones rather than simply playing it through your car’s stereo. Remember, anything that takes your attention away from driving is a distraction, and if you get into an accident while wearing them, you could be liable.
Slower Reaction Times
When you can’t hear what’s going on just outside your vehicle, you will be slower to react to any unexpected occurrence on the road. Your car is already a private sanctuary, and listening to anything through headphones while you drive can make it difficult to quickly respond before it’s too late.
Increases Your Chance of Speeding
If you’re listening to music while using headphones on the road, it may inadvertently cause you to be a little heavy on the accelerator. You may not even notice how fast you’re going since you will only hear what is coming through the headphones.
Getting Caught Up in Cords and Wires
If your headphones aren’t wireless, they can also become a physical impediment when you drive. They can get caught around your controls and steering wheels, causing another type of distraction that could result in an accident.
Make no mistake about it—headphones and earbuds can easily increase your chances of getting into an auto wreck. Perhaps you already know this, and while you don’t wear headphones while you drive, you might wonder what happens if someone who does runs into you.
How to Handle a Car Accident Caused by a Driver Who Was Wearing Headphones
If you were in a car accident that was caused by a driver who you noticed was wearing headphones, you should know the steps to take to protect your legal rights. Colorado is an at-fault state, which means the driver who caused the accident will be responsible for paying your damages.
Call the Police for Help
The police should be notified of the accident to come assist with traffic, cleanup, and getting those who are injured the care they need. When officers arrive, they will create a police report that details their findings on the accident scene. When you call, let them know if you or anyone else is injured and they will send emergency medical services as well.
Document with Evidence
It’s common in states that follow an at-fault insurance model for drivers to point the finger. You may have seen the other driver wearing headphones, but they may accuse you of breaking another traffic law.
The evidence you capture can help present the facts. Take photos and videos, and if the driver is still wearing their headphones, get a photo of that, too. Witnesses may have seen that the other driver was wearing headphones and can help corroborate your claim. Make sure you get their contact information so they can report what they saw.
Get the Medical Care You Need
Following an accident, it may be obvious that you’re injured. You may notice your arm is bent out of shape or you have blood coming out of large lacerations, requiring emergency medical treatment.
However, many car crashes—even severe ones—may not leave you with noticeable injuries. It’s a mistake to assume that you’re fine after any type of car accident. Many injuries are not obvious and won’t present symptoms until hours or even days later. You may have a traumatic brain injury, which could cause permanent damage if left untreated. Internal bleeding is another dangerous injury to ignore as it can become life-threatening.
If you want to file a car accident claim against the negligent driver who was distracted by their headphones, you must be able to show that you were injured by the accident they caused. Getting the medical care you need ensures you won’t have your condition worsen and creates a medical record that can be used in your case.
Contact an Attorney for Legal Issues with Driving and Headphones
In Colorado, the law does permit the use of one earbud that can be used for listening to music, the GPS, or anything else. However, if the driver who crashed into your vehicle was wearing both headphones, they could be liable.
Unfortunately, it’s not as simple to handle as you may think. You will need to report this accident to your insurer to give them a heads-up. The driver wearing headphones may try to file a claim with your insurance. Meanwhile, you need to contact their insurer to file your claim.
It’s wise to work with a personal injury attorney before you make these calls. A car accident lawyer can make sure your legal rights are upheld, protect you from being blamed when you didn’t do anything wrong, and calculate the full extent of your damages.
Insurance companies aren’t eager to part with their profits, and they will tell you that you don’t need a lawyer. They will offer a low settlement amount, hoping you’ll take it and be on your way. Generally, this first offer is never enough to cover the expenses you’ve incurred, leaving you paying out of pocket in the aftermath of someone else’s negligent actions.
Ganderton Law LLC offers free initial consultations for car accident victims in these difficult situations. Contact us today to review your case and help you determine what steps to take next.
