Road Hazard Bicycle Accident Castle Rock
A Pothole Does Not Care That You Were in the Bike Lane. Neither Does the City—Until You Make Them.
The Road Was the Weapon
You followed all safety protocols. You wore a helmet. Your lights worked. You rode in the designated bike lane, as required. Then, the front tire fell into a crack in the pavement that should have been fixed months ago; you flew over the handlebars at 18 mph.
There was no vehicle involved. There was no reckless driver running a red light. The road caused the injury.
When a pothole, a broken stretch of pavement, loose rock/gravel, or other unrepaired road defects cause a cyclist to fall from the bike, the jurisdiction responsible for maintaining that roadway may be liable for damages under C.R.S. § 24-10-106(1)(d) – the waiver of governmental immunity for hazardous conditions on public highways. However, there is a very short time frame for injured cyclists to give written notice of the incident to the governmental entity responsible for the roadway upon which the accident occurred. Notice must be given to the governmental entity within 182 days after the date of the incident pursuant to C.R.S. § 24-10-109. If this notice period expires prior to filing a lawsuit against the governmental entity, the claim will be denied regardless of the severity of the injuries sustained. Colorado’s modified comparative negligence rule (C.R.S. § 13-21-111) bars recovery if the cyclist was 50% or more at fault.
This is a road hazard bicycle accident, and it happens more often than most people think. Potholes, broken pavement, crumbling shoulders, metal utility covers sitting an inch below grade, gravel spilling off an unpaved side road onto a paved bike route, storm grates with slots that catch skinny tires. A car hits a pothole and gets a flat. A cyclist hits the same pothole and gets a fractured collarbone, a shattered wrist, road rash from shoulder to hip, or a traumatic brain injury.
The difference is weight and protection. A car weighs 4,000 pounds and has suspension engineered to absorb impacts. A road cyclist and their bike weigh about 180 pounds combined, balanced on two tires an inch wide. There is no suspension. There is no airbag. There is nothing between the rider’s body and the asphalt except a thin layer of lycra.
Along the I-25 corridor between Greenwood Village and Colorado Springs, Colorado’s freeze-thaw cycles destroy road surfaces every winter. Water seeps into cracks, freezes, expands, and breaks the pavement apart from the inside. By spring, popular cycling routes along Plum Creek, the Cherry Creek Trail system, Meadows Parkway in Castle Rock, and county roads through Sedalia and Larkspur are riddled with hazards that a driver might not even notice but that can end a cyclist’s season or career.
Who Is Responsible for the Road That Hurt You?
This is where bicycle road hazard cases get complicated. When a car hits you, you sue the driver. When the road hits you, you may be filing a claim against a government entity. And government claims in Colorado play by a completely different set of rules.
Colorado’s Governmental Immunity Act (C.R.S. § 24-10-101 et seq.) generally protects cities, counties, and the state from lawsuits. But there is a specific exception carved out for dangerous conditions on public roads. Under C.R.S. § 24-10-106(1)(d), the government waives its immunity when a dangerous condition on a public highway, road, or street physically interferes with the movement of traffic. A pothole deep enough to swallow a bike tire might qualify. A road surface that has deteriorated to the point where chunks of asphalt are missing could qualify. A storm grate with slots running parallel to the direction of travel that catches and traps bicycle tires could qualify.
The key question is which government entity owns the road. That determines who you file your claim against:
Getting this wrong is not a technicality you fix later. Filing notice with the wrong entity can mean your claim expires before you realize the mistake. The 182-day clock under C.R.S. § 24-10-109 does not pause while you figure out which government office to call.
The 182-Day Deadline That Kills More Cases Than Potholes
Most personal injury claims in Colorado have a three-year statute of limitations under C.R.S. § 13-80-101. Three years gives you time to get treated, understand your injuries, and find a lawyer. Government claims do not give you that luxury.
Under the CGIA, you must send a written Notice of Claim to the appropriate governmental entity within 182 days after the occurrence of the incident. This equates to approximately six months. The Notice of Claim is not simply a letter stating “You damaged my bicycle.” Rather, the Notice of Claim requires:
Your name and address
Your attorney’s name and address
A concise statement of the facts surrounding the incident (Date, Time, Place and Description of Incident)
The name(s) of the public employees involved
Description of the nature and extent of your injuries
Amount of damages being claimed
If you fail to timely submit your Notice of Claim prior to the expiration of the 182-day statutory period, your claim shall be forever barred. There are no exceptions, no extensions; regardless of the severity of your injuries or whether there were egregious governmental errors in maintaining the road, the Court of Colorado shall not allow your claim to proceed.
Thus, why it is so important to contact a law firm at the earliest possible time. We have encountered bicyclists who waited 90 days to obtain an MRI, followed by 30 days of physical therapy and did not seek out legal representation until they had only 5 weeks remaining in the statutory period. In all likelihood, this would not be sufficient time to properly investigate, identify the applicable governmental entities, prepare and serve the required Notice of Claim via certified mail.
What Your Case Needs to Prove
The four elements that your case will need to establish to prove the road hazard claim against the Government are:
First: The dangerous condition on which you slipped/tripped/lost control must be located on a public street/highway/road. A pothole in a parking lot, or a pothole on a private street or driveway is not a CGIA claim; however, it could potentially be a premise liability claim.
Second: The dangerous condition must interfere with traffic flow. A cosmetic crack does not constitute a dangerous condition and would not be sufficient to support a CGIA claim. The dangerous condition must be so severe that it impairs the movement of vehicles/bicycles on the road.
Third: The governmental agency must have had actual or constructive knowledge of the hazardous condition. Constructive knowledge exists if the governmental agency knew about the condition (e.g., someone complained about the condition; the governmental agency’s own personnel documented the condition); or, the governmental agency should have known about the condition based upon reasonable inspection.
An example of this difference is a pothole caused by a sudden water-main break overnight versus a pothole at the same intersection for two years.
Fourth: The governmental agency must have had a reasonable amount of time to correct the condition and chose not to do so.
It is at this point where the investigation into the claim becomes very important. Rampart files public records requests for all documents related to road maintenance (logs, etc.), complaint databases, work orders, and inspection schedules. If, for example, the City of Castle Rock received three 311 complaints regarding a pothole on Fifth Street over a period of two months and took no action to repair it, that is both constructive knowledge and unreasonable delay. This is a good case.
Your Right to Leave the Edge of the Road
Insurance adjusters commonly blame cyclists for being involved in road hazard accidents. “You should have been riding farther to the right.” “You should have seen it.” “You were going too fast.”
Colorado Statutes, however, directly contradict these arguments. Pursuant to C.R.S. § 42-4-1412(5)(b)(I), a bicyclist is not required to ride as close to the right-hand edge of the road as possible when there are surface hazards present along the right-hand edge of the road. Surface hazards are explicitly identified in the statute as a legitimate reason for moving left. Examples include ruts, potholes, debris, gravel and broken pavement.
In other words, Colorado statutes recognize that cyclists have the right to avoid road hazards and to safely navigate them. If a bicyclist moves to the left to avoid a pothole and is hit by a passing vehicle, the bicyclist is acting within their rights as granted by statute. In addition, the motorist has an independent obligation to follow a safe distance behind the bicycle and to maintain a minimum of three feet of clearance when passing a bicycle pursuant to C.R.S. § 42-4-1003.
Additionally, Colorado recognizes bicyclists as Vulnerable Road Users pursuant to C.R.S. § 42-4-1402.5. Motorists who recklessly injure bicyclists seriously can face a Class One Traffic Misdemeanor, loss of license and/or mandatory restitution. Enacted in 2019, this new statute reflects Colorado’s increasing awareness that poor roadway design and driver behavior disproportionately puts bicyclists at risk.
Government Damages Caps: What They Mean for Your Recovery
Even when you win a road hazard claim against the government, your recovery is capped. Under C.R.S. § 24-10-114, the current CGIA damages limit is $424,000 per person per occurrence. If multiple people were injured in the same incident, the combined cap is $1,195,000. Punitive damages are not available against government entities.
For a cyclist with a fractured pelvis, a torn rotator cuff, and a mild TBI, $424,000 may not cover the medical bills alone, let alone lost wages and pain and suffering. That is why Rampart looks beyond the government entity. Was a private construction contractor responsible for the road work that left debris? Did a utility company leave a steel plate improperly secured? Was there a separate motor vehicle driver involved? Claims against private parties are not subject to the CGIA cap. Your own UM/UIM policy can also supplement recovery above the cap.
Common Road Hazards That Cause Cycling Crashes Along the I-25 Corridor
Potholes and pavement failures. Colorado’s freeze-thaw cycles are brutal on asphalt. Water infiltrates cracks, freezes overnight, expands, and blows the surface apart. By March, the roads cyclists depend on are pockmarked with holes that can swallow a road tire whole.
Storm drain grates. Older storm grates with parallel slots running in the direction of travel are tire traps. A 23mm road tire drops straight into the slot, locks, and stops the bike instantly while the rider keeps moving forward. Modern grates use perpendicular slots, but many older grates remain in place across the corridor.
Loose gravel and sand. Gravel from construction zones, unpaved shoulders, or winter sanding operations migrates onto paved bike lanes and road shoulders. On a curve, loose gravel on pavement is like black ice for a cyclist. The tires lose traction without warning.
Utility covers and metal plates. Manhole covers, water valve caps, and temporary steel plates installed during construction sit at a different height than the surrounding road surface. Even a half-inch lip can deflect a bicycle tire at speed.
Construction zone debris. Road construction projects along the corridor leave behind broken concrete, rebar, nails, wire, and loose aggregate. When a private contractor leaves debris in a travel lane or bike lane, the contractor may be liable in addition to or instead of the government entity.
Frequently Asked Questions: Road Hazard Bicycle Accidents in Colorado
Q: Can I sue the city if a pothole caused my bicycle crash?
Yes, if the pothole was on a public road and the city had notice of the condition and reasonable time to fix it. You must file a written notice of claim with the city attorney within 182 days of the accident under C.R.S. § 24-10-109. Do not file with the wrong entity. The Town of Castle Rock, the City of Colorado Springs, Douglas County, and CDOT each require notice to different offices.
Q: What if I swerved to avoid a pothole and was hit by a car?
You may have claims against both the government entity (for the dangerous road condition that forced you to swerve) and the driver (for failing to maintain safe distance or provide three feet of clearance under C.R.S. § 42-4-1003). Colorado law under C.R.S. § 42-4-1412(5)(b)(I) specifically allows cyclists to leave the right edge of the road to avoid surface hazards. You were exercising a legal right. The private driver claim is not subject to CGIA caps.
Q: How much is a road hazard bicycle accident case worth in Colorado?
Liability determines the amount of money that you may recover for your injuries. Government liability claims are limited to $424,000 per person as provided by C.R.S. § 24-10-114. There is no limitation for claims made against private parties (construction contractors, utility companies, negligent drivers). Additionally, your Uninsured/Underinsured Motorist Coverage may provide additional compensation for your losses. The value of your claim will depend upon the severity of your injuries, your medical costs, your lost income and the quality of the evidence establishing the road hazard existed due to the government’s failure to properly maintain it.
Q: Does the insurance company use comparative fault to reduce my claim?
The insurance company will attempt to do so. In Colorado, under the State’s comparative negligence law (C.R.S. § 13-21-111), your damages will be reduced by the percentage of fault attributed to you and you will receive nothing if your fault equals or exceeds 50%. Therefore, defense attorneys will often assert that you could have avoided the collision by slowing down prior to seeing the pothole, that you were traveling too fast to avoid the pothole, or that you could have taken an alternate route. This is why it is essential to preserve all evidence available in support of your claim. A photograph of the road hazard, GPS data regarding your speed when approaching the hazard, and documentation regarding the government’s maintenance schedule for the area where the hazard existed are examples of how evidence may be used to establish liability and ultimately to prevail.
Q: What should I do immediately after a road hazard cycling crash?
Take photographs of the road hazard from several directions before any alteration occurs. Use your phone to determine the exact location of the hazard. File a police report and ask for a copy of the report. Take note of whether there was any active construction or maintenance occurring in the vicinity of the hazard. Save any information you have stored in your cycling computer such as speed, route and time of day of the incident. Even though you may feel fine, seek medical treatment. Adrenaline may mask injuries. Finally, contact an attorney prior to the expiration of the 182-day notice period. You do not get another chance.
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