Bicycling in Denver is a popular and eco-friendly way to get around the city. However, like any urban environment, Denver’s roads can present serious hazards for cyclists, particularly when they are poorly maintained. Potholes, debris, uneven pavement, and lack of proper signage can all contribute to dangerous conditions that increase the risk of accidents and injuries. If you’ve been injured in a bicycle accident caused by poor road conditions, you may wonder if you have the right to file a claim and seek compensation for your damages.

Filing a claim for a bicycle accident caused by poor road conditions can be complex. Liability for such accidents may fall on a city, county, or state government agency responsible for maintaining the roadways, or even a private property owner if the accident occurred on private land.

When Is the Government Liable for Poor Road Conditions in Denver?

In many cases, local or state government agencies are responsible for maintaining the safety of roads and bike lanes in Denver. When these entities fail to properly maintain the roads or neglect to fix known hazards, they may be held liable for accidents that result from these conditions. However, pursuing a claim against a government entity can be challenging due to specific laws and procedures that must be followed.

To hold a government entity liable for a bicycle accident caused by poor road conditions, you must generally prove the following elements:

• Duty of Care: The government entity had a duty to maintain the road and ensure it was reasonably safe for cyclists and other road users.
• Breach of Duty: The government entity breached that duty by failing to repair the hazard, ignoring reports of dangerous conditions, or not warning cyclists about the danger.
• Causation: The hazardous road condition was the direct cause of your bicycle accident and subsequent injuries.
• Damages: You suffered actual damages, such as medical expenses, lost wages, property damage, or pain and suffering, as a result of the accident.

In Colorado, government entities are typically protected by sovereign immunity, which limits the circumstances under which they can be sued. However, the Colorado Governmental Immunity Act (CGIA) allows injured parties to bring claims against government agencies in certain situations, including cases involving dangerous road conditions. Even so, the process is complex, and strict deadlines must be met to preserve your right to file a claim.

What Are the Legal Steps for Filing a Claim Against the Government?

If you believe your bicycle accident was caused by poor road maintenance in Denver, you must act quickly to initiate a claim against the responsible government agency. The first step is to file a formal notice of claim with the appropriate entity within 182 days (approximately six months) of the date of the accident. Missing this deadline can result in the loss of your right to pursue compensation, even if you have a strong case.

The notice of claim must include specific details, such as:

• The date, time, and location of the accident
• A description of the hazardous condition that caused the accident
• A statement of the injuries and damages you sustained
• Your intent to seek compensation for your losses

Once the notice of claim is filed, the government entity will investigate the accident and may offer a settlement if they determine that they were at fault. If the claim is denied or a fair settlement cannot be reached, you may need to file a lawsuit to pursue compensation. Working with an experienced personal injury attorney can help ensure that your claim is filed correctly and on time, and that your rights are fully protected throughout the process.

Can Private Property Owners Be Held Liable for Poor Road Conditions?

While many bicycle accidents in Denver occur on public roads, some happen on private property, such as parking lots or privately owned paths. In these cases, the property owner may be held liable if the accident was caused by poor maintenance or failure to address a known hazard. Private property owners have a duty to maintain their premises in a reasonably safe condition for lawful visitors, including cyclists. If they fail to do so, they may be responsible for damages resulting from an accident.

The legal standard for proving liability is similar to that for government entities: you must show that the property owner knew or should have known about the dangerous condition and failed to fix it or provide adequate warnings. As with government claims, pursuing compensation from a private property owner can be complicated, and it’s important to consult with an attorney who understands premises liability law.

What Compensation Can You Seek After a Bicycle Accident in Denver?

Filing a claim for a bicycle accident caused by poor road conditions can help you recover compensation for the losses you’ve experienced as a result of the accident. The types of compensation you may be entitled to include:

• Medical Expenses: Compensation for past and future medical bills related to your injuries, including hospital stays, surgeries, physical therapy, and medications.
• Lost Wages: Reimbursement for income lost due to time away from work while recovering from your injuries, as well as any future lost earning capacity if your injuries impact your ability to work.
• Property Damage: Repair or replacement costs for your damaged bicycle and any other personal property affected by the accident.
• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident, including any long-term effects on your quality of life.
• Disability or Disfigurement: Compensation for permanent disabilities, scarring, or disfigurement resulting from the accident.

Because bicycle accidents can result in significant injuries, it’s important to accurately assess the full extent of your damages to ensure that you receive fair compensation. An experienced attorney can help you calculate your losses and negotiate with the responsible party to secure a fair settlement.

Contact Fiedler Trial Lawyers to Speak with a Denver Bicycle Accident Attorney Today

If you’ve been injured in a bicycle accident caused by poor road conditions in Denver, it’s crucial to take action quickly to protect your rights. Pursuing a claim against a government entity or private property owner can be complicated, but you don’t have to go through it alone. An experienced personal injury attorney can help you navigate the legal process, build a strong case, and advocate for the compensation you deserve.

For more information or to discuss your case, our dedicated Denver bicycle accident attorneys are here to help. We understand the challenges cyclists face on the road and are committed to helping injured cyclists recover from their accidents and move forward with their lives.

If you have questions or need assistance, reach out to us today to schedule a consultation. We are here to provide the support and guidance you need to pursue your claim successfully.