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Colorado Springs Dangerous Road Accident Lawyer

Key Takeaways

  • Deadline: 3 years if a motor vehicle was involved (C.R.S. 13-80-101(1)(n)); 2 years for most other injury claims (C.R.S. 13-80-102).
  • If you were partly at fault: damages are reduced by your share and barred entirely at 50% (C.R.S. 13-21-111).
  • Where it is filed: El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903.

Can you sue the city or the state over a dangerous road?

Sometimes, and the window is short.

Colorado's Governmental Immunity Act waives immunity for a dangerous condition of a public roadway, but only if written notice is served within 182 days under C.R.S. 24-10-109(1) — which the statute calls "a jurisdictional prerequisite" whose failure "shall forever bar any such action". Not every defect qualifies, and design decisions are treated differently from maintenance failures, so the notice should be served while that is still being worked out rather than after.

What evidence matters in a dangerous road claim?

The history, more than the defect.

A pothole photographed today proves it exists; the maintenance records, prior complaints, work orders and previous crash reports at the same location prove the entity knew and did nothing — which is the actual issue. Photograph the defect with a scale object in frame the same day, because it will be repaired, and the repair is often the first thing that happens after a serious crash.


Representing People Injured On Dangerous Colorado Springs Roads

A large portion of Colorado’s population is concentrated in the greater Denver metro area, from Colorado Springs to Loveland. This means congested traffic and more dangerous roads. In addition to the risks of city driving, mountainous regions in the state present hazards that include steep inclines, sharp curves, high winds, and icy roads.

If you have been seriously injured in a dangerous road accident, contact a Colorado Springs car accident lawyer at The Bussey Law Firm, P.C. at (719) 475-2555 to schedule a free consultation. Timothy Bussey has been voted Top Attorney in Colorado Springs by Colorado Springs Style Magazine for years in a row. We can tell you if you have a case and what damages you may be entitled to claim.

Where Are the Dangerous Roads in Colorado Springs?

Traffic is more congested, and crashes happen more frequently on some roadways than others. Dangerous roads in the Colorado Springs area include:

  • I-25: Some of the most dangerous intersections in the state come off this interstate highway.
  • North Powers Boulevard: This massive commuter road sees hundreds of crashes a year.
  • West Cimarron Street: The connection to I-25 from West Cimarron Street sees a huge volume of traffic, with a corresponding number of accidents. It is the most dangerous intersection in Colorado Springs.
  • North Academy Boulevard: Shoppers pulling into and out of the numerous strip malls on this road make accidents more likely to happen.
  • South Academy Boulevard: Providing access to an elementary school, a middle school, and I-25, this road sees its fair share of wrecks.

What Makes Some Roads More Dangerous?

Heavy traffic is not the only thing that makes some routes more dangerous than others. Poor road design and maintenance can also create hazards for motorists. Defects in road design, construction, and maintenance can contribute to accidents, for example:

  • Freeway on and off ramps that are too short or improperly placed
  • Inadequate shoulder on the side of the road
  • Insufficient banking or excessive banking at curves
  • Pavement edge drop-offs
  • Lack of traffic control devices
  • Improper water drainage
  • Low bridges with unposted (or incorrect) height warnings
  • Poorly marked roads (lines and reflectors)
  • Inadequate or hidden signage
  • Insufficient lighting
  • Inadequate or improperly placed speed bumps, curbs, guard rails, and median barriers

What Injuries and Damages Can Commuters Suffer On Dangerous Roads?

Dangerous roads can contribute to serious crashes that cause bodily injury and property damage. Injuries in motor vehicle accidents can range in severity from minor to fatal. Common car accident injuries include:

Who Can Be Held Liable for Accidents On Dangerous Colorado Roads?

A party whose negligence caused your accident and injuries may be held accountable under the law. There may be multiple potentially liable parties in a Colorado Springs dangerous roadway crash. Liability will depend on what caused the injuries and who was responsible. If roadway hazards caused the crash, a government entity responsible for maintaining the roads or a construction company that built or repaired the road may be liable.

What Types of Compensation Are Available for Dangerous Roadway Accidents?

Injury victims in Colorado are entitled to pursue economic damages, such as past and future medical expenses, lost earnings, and loss of future potential. They may also pursue noneconomic damages, such as pain and suffering, emotional trauma, and mental anguish. However, noneconomic damages are capped at $613,760 for incidents that occurred on or after January 1, 2020. This limit may be increased by the court to a maximum of $1,227,530 if clear and convincing evidence is presented.

What Are the Colorado Deadlines and Rules on This Claim?

Which deadline applies depends on how the injury happened, not on what it is called. Colorado gives three years to a claim arising from the use or operation of a motor vehicle and two years to most other injury claims. Missing the deadline normally ends the claim regardless of its merits.

Colorado deadlines and rules that apply to this claim
A claim arising from the use or operation of a motor vehicle3 years — C.R.S. 13-80-101(1)(n)
Most other personal injury claims2 years — C.R.S. 13-80-102
If you were partly at faultDamages reduced by your share, barred at 50% — C.R.S. 13-21-111
Where a Colorado Springs claim is filedEl Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903

Sources and References

Deadlines are cited by section to the Colorado General Assembly’s published 2024 revised statutes. This page is general information, not legal advice, and does not create an attorney-client relationship.

Past results do not guarantee future outcomes. Every case is decided on its own facts.

Our Colorado Springs Office

The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
(719) 475-2555
Monday to Friday, 8:00 a.m. to 10:00 p.m.

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Colorado Springs Car Accidents