Colorado Springs Bicycle Accident Caused by Road Hazard

road hazard cycling wreck

Written by Jeremy D. Earle, JD

August 4, 2022

Best Colorado Bicycle Accident Law Firm

According to the 2012 National Survey on Bicyclist and Pedestrian Attitudes and Behaviors, road hazards account for 13% of bicycle injuries. Due to their relative instability and thin tires, motorcycles are especially prone to accidents caused by road hazards.

Unexpected and abrupt changes in the road surface may be difficult, forcing even the most cautious and experienced biker to tumble or lose control, veering into the path of a car. As legal vehicles, bicycles have a right to a safe road.

Who Is Liable for a Bicycle Accident in Colorado Springs Caused by a Road Hazard?

In practically all bicycle accident cases, even those involving road hazards, determining who is to blame and who is liable for damages is contingent upon determining who was careless. Two critical aspects must be shown for an injured cyclist to get reimbursement for damages:

Someone else violated the injured cyclist’s duty of care, and the breach of care resulted in the injured cyclist’s damages.

When a bike accident is caused by a road danger, the state, county, city, or other public entity that maintains the route is most likely to be held liable. Whether or whether this company is liable for your injuries and damages is partially determined by the sort of accident that occurred:

Colorado-Related Accidents

Potholes

Potholes often form for one of two reasons:

Temporary road repairs for sinking or cracked roads

Surface fractures occur as a result of long-term road wear and strain.

If the pothole is the consequence of substandard temporary repair work, the public body responsible for the roadwork is held accountable if it provides enough notice of the danger. Sufficient warning may involve enclosing the repaired area or surrounding it with warning signs or cones.

If the pothole results from long-term wear and tear, the critical issue is how long the pothole has been there. This is especially true if the location has a history of accidents and the public agency is aware of them.

Puddles

Puddles, like potholes, may cause riders to lose their balance and fall off their bikes. Unlike potholes, puddles may be particularly deceiving since the water obscures the puddle’s depth and what lies underneath.

Sewer Grates-Related Accidents

Sewer grates may be a significant hazard to bikers. If sewage grate bars run parallel to traffic, bicycle tires may easily get trapped between them. This may result in a cyclist being flung off his or her bicycle into oncoming traffic or the ground.

Cities and counties have replaced several sewage grates with ones that are different in form and shape or with bars that travel in a different direction; yet, there are numerous hazardous grates.

Sand, gravel, or rocks

Gravel and sand are normally a minor bother for automobiles. Sand or gravel on the road may cause severe sliding and loss of control for bikers.

Rail Track-Related Accidents

Rail lines may provide bikers with unexpected dangers. They are hazardous when they run in the direction of traffic on the highway, and they are considerably more dangerous when they cross the road at a curve or angle.

A bicycle wheel may easily get entangled in the area between rail and road, resulting in an accident or being flung into a car.

Motorcycles are especially prone to accidents caused by road hazards. Due to their relative  instability and thin tires, sudden, rapid changes in the road surface may be perilous, leading even the most cautious, experienced biker to tumble or lose control, veering into the path of a car.

Potholes, sewage grates, railroads, and trolley tracks are the most common road hazards that cause bike accidents.

When a bike accident is caused by a road danger, the state, county, city, or other public entity that maintains the route is most likely to be held liable. Whether you can establish culpability and convince the government to pay relies on the nature of the danger and what the government might have done to avoid the situation.

Common Injuries to Bicyclists in Colorado

A biker may get a variety of various types of injuries as a result of a bicycle collision, including the following:

Deep lacerations and abrasions of the skin – often called “road rash,” this form of damage happens when a bike rider’s skin scrapes against the pavement.

Fractures of the simple and complex bones — shattered bones are quite prevalent in motorcycle accidents.

Trauma to the head, neck, and spine — these injuries are often the consequence of falls or when a rider collides with a stationary object at a high rate of speed.

I Was Involved in a Bicycle Accident As a Result of a Road Hazard. What Am I to Do Now?

To begin, get medical assistance for your injuries.

Following that, photograph or videotape the collision site to the best of your abilities. Variables on the road may change swiftly, and it is critical to capture the conditions that contributed to the accident. If your injuries prohibit you from photographing the danger or flaw, return to the area immediately and record it, or ask a friend or family member to do so for you.

Additionally, you should photograph your injuries and the damage to your bicycle.

Request contact information for any witnesses who may have been present at the accident.

Contact no insurance companies until you have had an opportunity to consult with an attorney about your situation.

Because states, towns, and other municipalities control and maintain public roadways, road hazard disputes often include government agencies that assert limits under state law. It is critical to understand that claims against government institutions have a shorter statute of limitations than other types of harmful actions.

You should contact an attorney immediately to guarantee that your legal right to compensation for your injuries is protected.

Who Is Responsible for the Road Hazard and My Bicycle Accident?

Numerous parties may be responsible for your injuries, depending on the precise circumstances of your case. In Massachusetts, potentially liable parties include the following:

The Commonwealth of Massachusetts

The City of Boston or a neighboring city

The County

Another municipality

A construction company contracted to perform maintenance, repairs, or construction work on

behalf of a government entity or a private party (this can be a business or an individual)

In the majority of instances, the injured rider must prove that the individual at blame was irresponsible. To establish carelessness, the rider must establish the following:

That the bicycle collision was caused by a road danger or defect.

The person responsible for highway maintenance had an obligation to keep the roadway fairly safe.

The entity responsible for road maintenance broke that obligation.

The cyclist suffered real losses as a result of the breach of duty.

The claim must be submitted within the statute of limitations relevant to the defendant, which varies. Multiple parties may share responsibility for your injuries.

Contact a Bicycle Accident Attorney in Colorado Springs

If you have been injured in a bicycle accident caused by road hazards, call the experienced Colorado Springs bicycle accident lawyers at Warrior Bicycle Accident Lawyers, to identify which third party, if any, may be liable. Our lawyers are standing by to evaluate your case immediately. Kindly contact us at 719-300-1100.

 

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