Cyclist sues Transportation Department, others over crash
February 6, 2013
ASPEN – A Texas man on Tuesday filed suit against the Colorado Department of Transportation and two contractors over injuries he suffered when he crashed his bicycle last summer on Highway 82.
Daniel Rogers Herndon’s lawsuit alleges the negligence of CDOT, G.A. Western Construction Co. and Elam Construction Inc. led to his wreck, which happened Aug. 4 near mile-marker 26 between Aspen and Basalt.
The suit claims that the defendants, which were performing repair work on the highway, did not post signs to warn motorists of the work being performed.
“Herndon had no warning of any kind that he was approaching an area that had been modified and rendered dangerous by the repair work,” the suit says.
Herndon, whom the suit calls “an experienced road cyclist,” was riding west when he hit the section.
“The front wheel of Herndon’s bicycle went into the gap between the iron grate and the surrounding pavement that had been created by the removal of the pavement in the course of the repair work,” the suit says. “Herndon’s forward motion was abruptly stopped as the front wheel was seized or got stuck and Herndon flew off his bike in the crash and landed hard on the adjacent pavement.”
As a result, Herndon broke a bone in his hand, among other injuries, the suit says. His Trek bicycle also was totaled, the suit says.
The suit seeks a jury trial and an unspecified amount in damages. Aspen attorney Jeff Wertz filed the complaint in Pitkin County District Court.