Can You Sue If Dangerous Road Conditions Caused Your Motorcycle Accident in Colorado Springs?

Motorcyclists face a higher level of risk on the road compared to other drivers and not just because of other vehicles. Unlike cars or trucks, motorcycles have no protective barriers and only two wheels for stability. That means even minor road imperfections can have catastrophic consequences. A cracked pavement, loose gravel, or unmarked construction zone might not faze a car, but for a motorcycle, these hazards can lead to serious injuries or even death.

Colorado Springs has its share of worn roads, abrupt elevation changes, and busy construction areas. When proper maintenance isn’t performed or safety measures are ignored, riders can find themselves facing sudden and avoidable danger. If this happens, it raises an important legal question: who is responsible, and can you take legal action?

Who Is Responsible for Dangerous Road Conditions?

Responsibility for road safety often falls on government entities such as the City of Colorado Springs, El Paso County, or the Colorado Department of Transportation (CDOT), depending on the roadway in question. These agencies are obligated to ensure public roads are reasonably safe for all users, including motorcyclists. That includes timely repairs, hazard warnings, and safe design standards.

In some situations, private companies are brought in to handle road repairs, maintenance, or construction. If they leave a site unsafe, for example, by failing to clear debris or post proper signage, they could be liable for any injuries that occur as a result. Determining who had control over the stretch of road where the accident happened is a key step in identifying the liable party.

Examples of potentially negligent behavior include:

• Leaving loose gravel or uneven pavement on a curve or intersection
• Failing to mark open construction zones or lane shifts with adequate signage
• Allowing large potholes or road erosion to go unrepaired for extended periods
• Improperly installing storm drains, manholes, or curbs that disrupt vehicle balance

These failures can easily cause a motorcyclist to lose control and suffer a devastating injury. If the hazard was preventable or known to the agency or contractor, legal accountability may apply.

Can You Sue a Government Entity in Colorado?

Bringing a lawsuit against a city, county, or state government in Colorado is possible, but it involves unique challenges. The Colorado Governmental Immunity Act (CGIA) protects government agencies from many types of lawsuits. However, there are important exceptions. One such exception is when a dangerous condition on a public roadway causes bodily harm.

In these cases, the government may be held liable if it can be shown that the hazard existed, they knew or should have known about it, and they failed to correct it within a reasonable time. For example, if repeated complaints were made about a large pothole and no action was taken, that could form the basis of a claim.

But here's the catch: strict procedures and deadlines must be followed. To even be eligible to sue, you must file a formal “notice of claim” within 182 days (just under six months) from the date of the accident. This notice must include the nature of your injuries, the location and time of the incident, and details about the road hazard involved.

If this notice isn’t filed correctly or on time, your right to pursue compensation could be lost. Working with a legal team that understands these requirements is crucial to protecting your rights and building a strong case from the start.

What About Private Contractors or Utility Companies?

Not all roads are under direct government control. In many cases, private contractors or utility companies perform construction or maintenance work on public streets. These third parties have a duty to keep their work zones safe for all travelers, especially motorcyclists, who are at higher risk of losing balance due to uneven surfaces or unexpected obstructions.

Let’s say a construction company repaves a road but leaves loose gravel behind without warning signs. If a motorcyclist wipes out on that stretch, the contractor could be liable for negligence. Similarly, a utility company working underground might remove a manhole cover and forget to place a warning barrier. These seemingly small oversights can lead to life-changing injuries and a legitimate claim for compensation.

Suing a private company follows a different process than suing a government agency, but the core principles are the same: they owed a duty of care, they breached that duty, and their failure directly caused your injuries.

What Must Be Proven to Win Your Case?

In order to win a case involving dangerous road conditions, several elements must be established. These include:

• The existence of a specific, identifiable hazard: This could be a pothole, construction debris, improperly marked lane closure, etc.
• Awareness of the hazard: The responsible party either knew about the issue or should have reasonably discovered it.
• Failure to take appropriate action: No repair was made, no signs were posted, or safety procedures were not followed.
• The hazard caused your accident: There must be a clear link between the condition of the road and your injuries.

To support these claims, it’s helpful to gather evidence like scene photos, witness statements, police reports, prior complaints, and maintenance logs. If possible, document the scene before repairs are made or hazards are removed. The more thorough your documentation, the stronger your case becomes.

How We Help Injured Motorcyclists Hold Others Accountable

At Pribila & Fields, we understand how sudden and overwhelming a motorcycle accident can be especially when the cause is something out of your control, like dangerous road conditions. Riders often suffer severe injuries, extensive recovery time, and significant financial strain. It’s only fair that those responsible for creating or ignoring hazardous road conditions are held accountable for the consequences of their actions.

Our legal team knows what to look for in these cases. We work with accident reconstruction experts, engineers, and investigators to uncover the truth and establish liability. Whether the responsible party is a government agency, a contractor, or a utility provider, we pursue every possible angle to recover compensation for our clients’ medical bills, lost wages, pain and suffering, and more.

If you were injured in a motorcycle crash caused by unsafe road conditions, contact us today. There are strict timelines involved, and building a strong case takes time. Let us help you hold the right parties accountable and fight for the financial recovery you need to move forward with your life.