Denver Road Defect Car Accident Attorneys
Did a defective roadway cause your car accident in Denver? Did you get hurt and require medical care? If so, contact The Bourassa Law Group, and we’ll help you pursue compensation from the at-fault party.
Every year, there are thousands of car accidents throughout the country. Most are the result of driver inattention or error, but some happen because of a road defect. Crashes from a defective road occur due to lack of maintenance and repairs, poor design, natural wear and tear, construction work, and more. Whatever the cause, it can lead to severe injuries or fatalities.
Examples of common road defects include:
- Narrow lanes
- Roadway hazards
- Inadequate street signs
- Disorganized construction zone setup
- Cracked pavement
If you were the victim of a road defect crash and want to find out your legal options, call The Bourassa Law Group at (303) 331-6186 to speak with one of our Denver road defect accident lawyers.
What Causes Road Defects?
The Colorado Department of Transportation is responsible for designing safe roads and maintaining them regularly to avoid dangerous driving conditions. If they fail to do so, road defects can begin to develop and lead to an accident.
Problems with the Design
A group of engineers design roadways to ensure they’re safe for people to drive on every day. Unfortunately, they’re human and can make mistakes. If there’s a design issue, it could create a road defect that increases the risk of an accident. Design defects may include:
- Inadequate lighting
- Blind curves
- Lack of a shoulder
- Narrow lanes
- Lack of skid resistance on pavement
- Excessive grade
- Obstructed visibility at crosswalks and intersections
- Lack of necessary guardrails
- Poor drainage systems that cause slippery roads
The Department of Transportation is supposed to perform routine maintenance on all the roads and repair damage or remove hazards. If they neglect the defective roads, the government entity could become legally responsible for injuries from a road defect accident. Poorly maintained roads may result in:
- Uneven or cracked pavement
- Faded paint markings
- Damage to bridges or structural deterioration
- Malfunctioning traffic lights
- Damaged or lack of signage
- Hazardous items on the road
Construction is a necessary part of keeping roadways looking their best and functioning as intended. However, if the construction team is disorganized or doesn’t manage the project correctly, people driving by could unknowingly come in contact with hazards.
Construction workers should place appropriate warning signs and cones, so motorists know they’re about to enter a construction zone. They also need to follow approved plans and use quality materials for the job. If they’re careless with their work or cut corners to quickly complete the project, that could result in defects that put drivers at risk of an accident.
Who Is Liable for a Road Defect Car Accident?
Vehicle crashes that involve defective road conditions are complex. Liability could fall on multiple parties, and each could carry their own liability insurance from different companies. The Denver road defect accident lawyers from The Bourassa Law Group understand how to tackle this type of case and ensure we hold the correct party responsible for your injuries. Liable parties may include:
Government entity or municipality. These parties maintain roadways. Pursuing compensation from a government agency could be a challenge. They have sovereign immunity, which could exempt them from liability under specific circumstances. However, if you can prove they were at fault for the dangerous condition of a street, road, or public highway, you might be eligible for compensation.
Government-hired private companies. Third-party companies, such as construction and engineering companies, perform work on roadways for government entities. They usually design, maintain, and build roads within the city. Contractors don’t have the legal protection that government entities have, but typically have endless resources and large insurance companies to protect them from insurance claims and lawsuits.
Businesses. Some road defect crashes occur in a driveway or parking lot. If there’s a business owner or property owner that’s responsible for maintaining that area, you could pursue compensation from them.
Another Driver. Even if a road defect caused the accident, there could be a careless motorist that didn’t adjust their driving for the defective road conditions. If their speeding, tailgating, or reckless driving also contributed to the crash, you could file a claim with their liability auto insurance.
How Does Sovereign Immunity Work in Colorado?
The Colorado Government Immunity Act protects government officers, employees, and other individuals from lawsuits brought against them for specific situations. However, some exceptions allow injured victims of car accidents to pursue a claim against the entity under the following circumstances:
- Dangerous public road conditions
- Damaged or misaligned traffic signs
- Conflicting directions displayed on a traffic control device
The exception doesn’t require governmental entities to improve, modify, or upgrade current roadway conditions, but does require them to keep roads in the same state as they were after initial construction. Snow, gravel, sand, and ice accumulating on roads could also create hazards that accident victims could use to pursue legal action.
Anyone considering filing a lawsuit against a government agency must submit written notice no later than 180 days after the defective road crash occurred. After 180 days, you could potentially lose your right to recover compensation for this matter.
What Should I Do If I Get Injured in a Road Defect Car Accident?
Take these steps to protect yourself and ensure you can seek financial compensation from the at-fault party:
- Call 911. An officer will investigate the crash and put in writing what happened and how the accident occurred. Request a copy of the police report when it becomes available.
- Get the other driver’s name, contact information, and insurance information. You might be able to file a claim against them if they were partly responsible for the collision.
- Take note of your location for reference when figuring out who’s responsible for that area.
- Take photos of the defective road.
- Speak to eyewitnesses and write down their names and phone numbers.
- Go to the doctor for treatment of your injuries. If they refer you for further treatment, follow their orders. Continue with medical care until the doctors release you.
- Hire a Denver road defect accident lawyer to help you with your case.
Why Hiring a Lawyer Is a Crucial Step in the Legal Process
The Bourassa Law Group is familiar with the tactics insurance companies use to trick victims into settling for a low amount of money. They might try to intimidate you so they can quickly close out your claim and move on to the next one. We won’t let them mistreat you. We know how much your case is worth and will fight hard to ensure you receive the maximum compensation available.
When you hire us, we’ll file an insurance claim on your behalf, submit evidence, complete necessary paperwork, and negotiate a full and fair settlement. If we’re unable to secure the right amount of money that you deserve, we can move forward with a lawsuit against the insurance company and entity responsible for maintaining the roadway.
The Value of Your Road Defect Accident Case
When you get hurt because of someone else’s negligence, you’re entitled to compensation for your damages. The damages available in a road defect accident case include:
- Vehicle repairs
- Property damage
- Loss of income and lost future earnings
- Medical costs
- Pain and suffering
- Emotional distress
- Punitive damages
Colorado follows a modified comparative negligence rule. If you were the victim of a road defect crash but share more than 50% of the blame, you’re automatically not eligible for compensation for your damages. However, if you share less than 50% of the blame, your compensation will decrease by your percentage of fault.
For example, if your damages total $100,00 and you were 20% responsible for the accident, you could only receive a maximum of $80,000.
What Should I Do If I Can’t Afford a Lawyer?
Some people will choose to pursue their case alone because they don’t think they can afford to hire a Denver road defect accident lawyer. Unfortunately, that ends up being a mistake. People who don’t seek legal representation typically end up with less compensation than those who hire a qualified lawyer.
If you want your best chance at winning a fair monetary award, you should call The Bourassa Law Group. We don’t charge upfront fees or costs for our legal services. You won’t have to pay us unless we secure compensation at the end of your case.
Contact the Denver Road Defect Accident Lawyers from The Bourassa Law Group
It’s our goal to deliver a favorable outcome in your case. When you hire us, we will go above and beyond to get results. We won’t try to convince you to do something you don’t want to do. We’ll create a plan that meets your individual needs. You’ll always receive our personalized attention, 24/7 customer service, and open communication.
At The Bourassa Law Group, we’re passionate about securing the compensation our clients deserve and seeking justice. We will fight hard to hold people responsible for their actions. The parties that are supposed to maintain Denver roadways shouldn’t get away with their carelessness. We will ensure they pay you the money you need for your injuries and medical treatment.
To schedule a free consultation with one of our Denver car accident lawyers, call (303) 331-6186 right now. We’ll immediately begin working on your case and help you recover from this traumatic experience.
Frequently asked questions
The legal definition of a personal injury is when someone’s failure to use reasonable care in a particular situation results in another person’s physical, emotional, or psychological injury. Personal injury cases often rely on the elements of negligence to prove the responsible party’s actions were the cause of the other party’s injuries.
The length of a personal injury case depends on the type of case and various factors, such as the severity of the injury sustained and the duration of necessary treatment. A car accident case might take six months to resolve, while a wrongful death lawsuit could take two years. It all depends on the circumstances surrounding the case.
No. Whether you got hurt in a car accident or on someone else’s property, you should never speak with their liability insurance company about the claim. They try to save money whenever possible and could attempt to trick you into accepting a low settlement amount or intimidate you into dropping the case. Your Denver personal injury lawyer will handle all communication on your behalf.
It depends. A vast majority of personal injury cases settle out of court. When we file a claim with the insurance company, we’ll submit evidence that proves you deserve compensation for your injuries. Sometimes the insurer is willing to settle. Other times, they deny the claim or provide a settlement much lower than you deserve. Under those circumstances, we will file a lawsuit and take the case to court.
Mediation is a step during a lawsuit where both sides meet to try to reach an agreement. The mediator listens to the arguments on both the plaintiff’s and the defendant’s sides and attempts to resolve the issue. If they can reach an agreement, they will settle out of court, and the case will get dismissed. If they can’t resolve the matter, the case will proceed to trial.