Anthony Zacharias found himself in a frustrating situation after a road grader, operated by an employee of Clear Creek County Road and Bridge, smashed into his car not once, but twice. The incident, captured on video during a snowstorm in March, left Zacharias with a totaled Subaru and a sense of injustice. Despite the clear evidence of the accident, County Technical Services, Inc. (CTSI), the insurance provider for Clear Creek County, denied Zacharias any compensation for his damaged vehicle.
In a letter received by Zacharias and his father, Jamie Heyl, representing CTSI, cited the Colorado Governmental Immunity Act as the reason for denying any financial restitution. This act provides immunity to local governments and their employees in certain situations, aiming to protect citizens from excessive taxation resulting from unlimited liability. However, there are exceptions to this immunity, particularly in cases involving the operation of a motor vehicle by a public employee while in the course of employment.
While the CGIA does not shield employees from liability in the event of a car crash in a work vehicle, CTSI argued that the road grader involved in the incident was not classified as a motor vehicle or mobile machinery. This interpretation left Zacharias facing significant financial losses due to the destruction of his car, which was parked in his family’s driveway at the time of the accident.
Despite the lack of financial compensation, Zacharias expressed a desire for acknowledgment and an apology from the driver of the road grader. He emphasized that a simple apology would go a long way in providing closure and a sense of justice for the incident. However, efforts to obtain this acknowledgment from Clear Creek County’s Road and Bridge department were met with silence, further adding to Zacharias‘ frustration and disappointment.
The case of Anthony Zacharias serves as a reminder of the complexities and challenges individuals may face when seeking compensation for damages caused by government entities or their employees. While the Colorado Governmental Immunity Act provides important protections for local governments, it is essential to ensure that these protections do not leave innocent citizens without recourse in cases of clear negligence or wrongdoing. Zacharias‘ story highlights the need for transparency, accountability, and fairness in addressing such incidents to uphold the trust and integrity of public institutions.