Filing a bicycle accident compensation claim in Denver is challenging. But if you rode over a pothole, causing your accident, you may have a more complicated claim on your hands because it might involve the government’s liability for your accident.
Determining issues of liability is complex and may require the assistance of a Denver bicycle accident lawyer, especially when there are state or local agencies involved. There are also certain procedures you must follow in order to file your government liability claim.
Government Liability for a Pothole Bicycle Accident in Denver
In any accident, it’s important to first consider which party or parties may be liable for the incident. In many cases, this includes a vehicle driver who may have acted negligently. But in the case of a bicycle accident caused by a pothole on a public road, it is likely the Colorado government or a local agency was tasked with road maintenance responsibility. When a government agency is involved, there are issues of government immunity to consider.
Many government agencies do enjoy sovereign immunity from tort claims. The Colorado Governmental Immunity Act addresses whether government agencies are liable for injuries and damages that people suffer in accidents involving a government employee or agency.
An accident related to the conditions of a road that interferes with traffic on the paved portion of the road is one of the few exceptions to government immunity (under section 106(1)(d)). This requires proving that the government was negligent in failing to maintain the roadway, and a pothole that goes uncorrected may qualify as a hazard for which the government is liable.
Possible Complications of a Pothole Bicycle Accident Claim
A pothole bike accident claim that names defective road conditions and includes government agencies may be subject to more complications and challenges compared to other types of claims against private parties.
For instance, if you want to file a claim against a government state entity or government agency in Colorado, you must file a written notice within 180 days after the discovery of the injury.
Failure to do so can result in the denial of your claim. The notice must include basic information about the party, as well as a description of the accident on which the claim is based. It should also include descriptions of the injuries, as well as the monetary damages that you are requesting in your claim.
After 90 days or upon denial of the notice requesting monetary damages, whichever comes first, the injured party can file a lawsuit against the government agency.
Types of Compensation Available for a Pothole Bicycle Accident
A claim for a pothole bike accident can include the following economic as well as noneconomic damages.
- Medical expenses
- Rehabilitation expenses
- Lost wages
- Lost future earning potential
- Pain and suffering
- Scarring or disfigurement
Injuries after a bicycle accident can include head and spine injuries, cervical fractures, and permanent scarring and facial disfigurement. Much will depend on the nature of the injuries and the costs associated with them. Speak with a bicycle accident lawyer to identify the damages that your claim can include.
Speak with Denver Bicycle Accident Lawyer D.J. Banovitz Today
If you have recently suffered injuries in a bicycle accident in Denver, speak with attorney D.J. Banovitz – himself an avid bicyclist – who understands the hazards that cyclists face every time they hit the road. Delays could invalidate your claim, so get started now. Call 303-300-5060 or fill out our contact form to set up an appointment to speak with attorney D.J. Banovitz.