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:
- Head trauma
- Traumatic brain injury
- Disfiguring facial injuries
- Whiplash
- Neck and back injuries
- Bone fractures
- Internal organ damage and bleeding
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.
When can you sue a city, county or the state over a dangerous road in Colorado?
Only when the claim fits a waiver in the Colorado Governmental Immunity Act. For roads, that means a dangerous condition that physically interferes with traffic on the traveled portion of a public road, street or sidewalk. Traffic signs, signals and markings, or their absence, do not count.
The statute names narrow exceptions: a stop or yield sign turned without authorization so that it reassigned the right-of-way, a traffic signal showing conflicting directions that was not repaired, and a dangerous accumulation of snow, ice, sand or gravel the entity failed to address after actual notice and a reasonable time to act. A claim against a private contractor or driver is not limited in this way. Our Colorado Springs car accident lawyer, motorcycle accident and bicycle accident pages cover claims against other drivers.
| Condition | Immunity waived? | C.R.S. |
|---|---|---|
| A dangerous condition that physically interferes with traffic on the paved or customarily traveled portion of a public road, street or sidewalk | Yes, on covered roads | 24-10-106(1)(d)(I) |
| Traffic signs, signals or markings, or the lack of them | No — excluded from "physically interferes with the movement of traffic" | 24-10-106(1)(d)(I) |
| A stop or yield sign turned without authorization so it reassigned the right-of-way | Yes | 24-10-106(1)(d)(II) |
| A traffic signal displaying conflicting directions that was not repaired | Yes | 24-10-106(1)(d)(II) |
| A dangerous accumulation of snow, ice, sand or gravel on the road surface | Only with actual notice, a reasonable time to act, and failure to use existing means to remove or mitigate it | 24-10-106(1)(d)(I) |
What counts as a "dangerous condition" of a road under Colorado law?
A physical condition that is an unreasonable risk to the public, that the entity knew about or should have known about, and that was caused by its negligence in building or maintaining the road. Inadequate design alone does not qualify, and weather by itself is not a dangerous condition.
"Should have known" means the condition existed long enough, and was of such a nature, that reasonable care would have discovered it — which is why maintenance logs, prior complaints and the age of a pothole matter. "Maintenance" means keeping the road in its original state of repair; it does not include a duty to upgrade or redesign it. If a crash on a defective road killed a family member, see our wrongful death page.
| Element | What the statute requires or excludes |
|---|---|
| Risk | A physical condition of a facility, or its use, that is an unreasonable risk to the health or safety of the public |
| Knowledge | Known to exist, or should have been known in the exercise of reasonable care |
| Cause | Proximately caused by the entity's negligence in constructing or maintaining the facility |
| Design | Not a dangerous condition solely because the design is inadequate |
| Weather | Wind, water, snow, ice or temperature alone is not a dangerous condition |
| Maintenance | Keeping the facility in its original state of repair; no duty to upgrade, modernize or redesign |
What deadline and damage limits apply to a claim against the government for a road defect?
Written notice must be filed within 182 days after you discover the injury, and missing it forever bars the claim. Recovery is also capped: the statute sets per-person and per-occurrence limits that the Secretary of State adjusts for inflation every four years.
The notice deadline runs even if you do not yet know every element of the claim. The limits apply across all public entities and employees involved in one occurrence. These rules sit on top of the ordinary deadlines on our Colorado Springs personal injury lawyer page, and they apply to a pedestrian accident on a defective sidewalk as well.
| Rule | What the statute says | C.R.S. |
|---|---|---|
| Written notice | Within 182 days after discovering the injury, whether or not you then knew all elements of the claim | 24-10-109(1) |
| Missing the notice deadline | A jurisdictional prerequisite; failure forever bars the action | 24-10-109(1) |
| One injured person, one occurrence | $350,000 as set in the statute, adjusted every four years | 24-10-114(1)(a)(I), (b) |
| Two or more injured persons, one occurrence | $990,000 as set in the statute, with no one person above the per-person limit; adjusted every four years | 24-10-114(1)(a)(II), (b) |
Sources
Personal injury claim videos from The Bussey Law Firm
What is the process of a personal injury claim?
Understanding the personal injury claim process is crucial when seeking compensation for your injuries. In this video, we delve into the initial steps involved, emphasizing the importance of hiring an experienced law firm to represent you. From gathering evidence to negotiating with insurance adjusters, our goal is to maximize the value of your claim and ensure you receive the compensation you deserve.
· 0:49 · Watch on YouTube
Should I talk to the insurance company without an attorney after a personal injury?
Thinking of talking to the insurance company about your personal injury claim? Think again. In this video, we explain why it's crucial to avoid discussing your case with insurance adjusters without legal representation. At The Bussey Law Firm, P.C., we understand the complexities of the claims process and work tirelessly to secure the compensation you rightfully deserve.
· 0:19 · Watch on YouTube
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.
| A claim arising from the use or operation of a motor vehicle | 3 years — C.R.S. 13-80-101(1)(n) |
|---|---|
| Most other personal injury claims | 2 years — C.R.S. 13-80-102 |
| If you were partly at fault | Damages reduced by your share, barred at 50% — C.R.S. 13-21-111 |
| Where a Colorado Springs claim is filed | El Paso County Combined Courts, 270 S Tejon St, Colorado Springs, CO 80903 |
Sources and References
- Colorado Revised Statutes, Title 13 (Colorado General Assembly)
- El Paso County Combined Courts — Colorado Judicial Branch
- The Bussey Law Firm, P.C. — Google Business Profile
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.
Rated 5.0 from 208 Google reviews — see the firm on Google Business Profile.