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Colorado Bicycle Lawyers: Government Liability

Bikes are particularly susceptible to losing control due to road hazards.  Bicycles can become unstable when encountering a variety of road conditions including road debris, pot holes, obstructions sewer grates, railroad and trolley tracks and other hazards.  These dangerous conditions can cause even the most experienced cyclists to lose control, fall, or veer into the path of a nearby car.  When bike crashes occur from these road hazards, oftentimes the responsible party is the state, county, city, or municipality that is responsible for maintaining the roadway.

 

In virtually all bicycle crashes, including those stemming from roadway hazards, finding out who is at fault and who is responsible for your injuries is a daunting task.  Locating this “negligent” party oftentimes comes down to who is responsible for maintaining the roadway and making sure it is free of defects, clutter, trash, potholes, debris and other dangers.

 

Laws Regarding Government Liability

If a bike crash occurs because of some type of defect to the roadway or debris laying in the roadway, it is possible that a governmental entity may have breached its duty to properly maintain the roadway.  This means that it could be a state or municipal agency that was at fault.  The difficulty with these claims is that oftentimes these entities enjoy sovereign immunity with respect to these types of claims.  This limits their liability and the amount of monetary responsibility they have.  In some instances, they are completely immune from claims and lawsuits.  Further, in Colorado, the governmental entity must be “put on notice” of a claim within a statutorily defined time limit or the ability to file a lawsuit may be lost.  Colorado Revised Statutes section 24-10-109 mandates that an individual that has sustained an injury by an act or omission by a government entity is required to file written notice within 180 days after the date the injury was discovered.

 

Bicycling crashes involving road debris and other hazards present unique issues with respect to liability and have unique rules of compliance if governmental entities are involved.  As such, it is important to speak with an attorney skilled in bicycling cases who know the ins and outs of these types of cases and the unique complexities associated with them.

 

Contact Zinda Law Group Today

At Zinda Law Group, we have provided counsel to many bicycle accident victims and their loved ones throughout Colorado.  We are avid cyclists ourselves and are keenly aware of the legal nuances involved as well as the emotional support necessary to help the biking victims and their loved ones cope with their loss.

 

We provide a free initial consultation to all of our clients.  You can contact us through our website or call us at 303-800-1501. We handle all of our cases on a contingency fee arrangement.  There is no charge to our clients unless a recovery is obtained.



 

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