Can I Sue the State of Utah for a Bicycle Accident Caused by Dangerous Road Conditions?
Riding a bicycle is a fantastic way to save money on transportation costs while getting your daily exercise. Cycling is also a wonderful way to spend time with family and friends. However, bicyclists face dangers when riding, including dangerous road conditions. When a government entity is responsible for allowing a dangerous road condition to exist or continue, you can sue the government for damages if you are in a bicycle accident caused by the road hazard.
However, suing the government can be complicated. There are different rules and laws applicable to lawsuits against a government agency. Therefore, hiring an experienced Utah car accident attorney to help you with your injury claim is a wise step. Our Utah car accident attorneys know what needs to be done to secure your legal right to file a lawsuit against the government for a road hazard bicycle crash. Put your trust in us so you can focus on your health and recovery.
Notice of Claim for Bicycle Accident
If a motorist causes your bicycle accident, you have up to four years to file a lawsuit against the individual. However, when your claim is against a government employee or governmental agency, you only have one year from the date of the accident to file a notice of claim. Failing to file your claim before the deadline results in your claim being denied.
Furthermore, your claim must contain specific information and be delivered to a specific person. The code requires that a notice of claim include:
- A statement of facts;
- The nature of the claim;
- The damages you suffered; and,
- The name of the government employee, if one is involved.
The person who should receive the notice depends on the agency involved. Utah Code §63G-7-401(3)(b)(ii) provides the list of individuals authorized to receive a notice. However, it can be difficult to determine what agency should receive the claim. If you name the wrong agency or serve the notice on the wrong person, your claim could be denied. It is extremely important that you know the entity being sued and who should receive the documents for that governmental entity. Hiring an experienced attorney can make things easier for you.
Is There a Cap on Compensation?
Yes, there is a cap on compensation you can receive when suing a government agency or entity. Before you can get to the point of receiving a judgment against the defendant, you must get past sovereign immunity.
Governments have immunity from being sued for most causes of action. However, Utah’s legislature enacted several waivers of immunity for government agencies, including a waiver for injuries sustain because of dangerous road conditions or defective roads. Therefore, you can file a lawsuit for your accident caused by a hazardous road condition.
If you are successful with your lawsuit, the maximum you can receive per the Code §63G-7-604 is $583,900 per person for bodily injury and $233,600 for property damage. A per incident cap of $2,000,000 is also outlined in the statute. The law does allow the figures to be adjusted periodically. You should consult a Utah bicycle accident lawyer to determine the current cap on compensation for government lawsuits.
A bicycle crash can result in substantial losses and damages. You need to act quickly to protect your legal right to recover compensation. Our attorneys are here for you when you need help filing a claim against the State of Utah or a county or local governmental unit.