RTD Bus and Public Transit Accident Claims in Denver

Key Takeaways

• RTD is a public entity, so transit injury claims run under the Colorado Governmental Immunity Act rather than ordinary tort rules.
• Written notice must reach the correct entity within 182 days of discovering the injury under C.R.S. 24-10-109. Missing it bars the claim.
• Damages are capped at $505,000 per person and $1,421,000 per occurrence for claims accruing on or after January 1, 2026.
• You do not have to be in a collision to have a claim. Falls during sudden stops, boarding injuries, and hazards at stations and platforms can each support one.
• When a private company operates service under contract, the correct defendant and the correct deadline may both be different, which has to be determined early.

Can you sue RTD after a bus or train accident?

You can, within the framework the Colorado Governmental Immunity Act sets. The Regional Transportation District is a public entity, which means the general shield against tort liability applies unless the claim falls into one of the categories where the legislature waived it.

Two waivers matter most for transit claims. The first covers the operation of a motor vehicle owned or leased by a public entity and driven by a public employee in the course of employment, which reaches bus collisions and injuries to passengers on board. The second covers dangerous conditions of public buildings and certain public facilities, which can reach injuries at stations, platforms, and transit centers.

If a claim does not fit a waiver, immunity applies and the case ends there. Determining which waiver applies is the first analytical step, and it shapes everything that follows.

What is the deadline for an RTD claim?

182 days from discovering the injury, and it is unforgiving. C.R.S. 24-10-109 requires written notice within that window, filed with the governing body of the public entity or the attorney representing it.

The notice must contain specific content set by statute: the claimant’s name and address, a concise statement of the factual basis including date, time, place, and circumstances, the name and address of any public employee involved if known, a concise statement of the nature and extent of the injury, and a statement of the monetary damages requested.

After filing, a lawsuit cannot be commenced until the entity denies the claim or ninety days pass, whichever comes first. That built-in waiting period is another reason the notice needs to go out early rather than at day 180.

Colorado courts have applied the deadline strictly, and have placed the burden on claimants to investigate rather than wait. The broader framework is covered in injured by a government vehicle in Colorado.

How much can you recover in a transit injury claim?

Recovery is capped by statute, and the applicable figure depends on when the claim accrued. Per the Colorado Secretary of State’s certified limitation on judgments, claims accruing on or after January 1, 2026 and before January 1, 2030 are limited to $505,000 for injury to one person in a single occurrence and $1,421,000 where two or more people are injured, with no individual recovering more than $505,000.

The multi-person figure matters in transit cases more than in most. A bus collision can injure a dozen passengers at once, and the per-occurrence limit is shared among them. That dynamic makes documenting the severity of an individual injury more important, not less.

Comparative fault applies on top of the cap. Under Colorado’s modified comparative negligence rule, an injured person found 50 percent or more at fault recovers nothing, and any award is reduced by their percentage.

What kinds of transit injuries lead to claims?

More than collisions. Public transit produces injury patterns that do not exist in ordinary vehicle cases, largely because passengers are standing, boarding, or moving through a station when the injury happens.

• Bus collisions with other vehicles, cyclists, or pedestrians
• Sudden stops and hard acceleration that throw standing passengers into stanchions, seats, or the floor
• Boarding and alighting injuries, including doors closing on passengers and falls from the step
• Wheelchair lift and securement failures
• Light rail crossing collisions with vehicles or pedestrians
• Platform and station hazards, including ice, uneven surfaces, and inadequate lighting
• Assaults where inadequate security is alleged, which is analyzed under different principles than a vehicle claim

Injuries at stations and stops may be analyzed as premises claims rather than vehicle claims. Our overview of premises liability covers that framework, and our article on snow and ice injuries in Colorado premises liability cases is directly relevant to platform falls during winter.

Does a transit operator owe passengers a higher duty?

Colorado law has historically recognized that carriers transporting passengers for hire owe a heightened duty of care compared to an ordinary driver. The reasoning is straightforward: passengers surrender control over their own safety when they board.

In practice this means an operator’s conduct is measured against a demanding standard, and questions about pulling away before passengers are seated, stopping short of the curb, or accelerating into traffic carry more weight than they would between two private drivers.

Whether and how that standard applies in a particular case is a legal question worth having evaluated. It does not change the notice deadline or the damage cap, both of which apply regardless.

What evidence matters in an RTD claim?

Transit systems generate a great deal of it, and much of it has a short retention window.

1. Onboard video. Most transit vehicles carry multiple cameras. Footage is typically overwritten on a cycle, so a written preservation demand needs to go out immediately.
2. Station and platform video for injuries that did not occur on the vehicle.
3. Vehicle telematics, including speed, braking, and door operation.
4. Incident reports prepared by the operator and by supervisors who responded.
5. Operator training and disciplinary records.
6. Maintenance records for the vehicle, the lift, or the door mechanism involved.
7. Prior incident history at the same location or involving the same equipment.

Public entities are subject to open records laws, which can provide a route to some of this material that does not exist for a private company. That access does not substitute for the notice of claim, and pursuing records is not the same as preserving the claim.

The same preservation principles that apply to commercial carriers apply here, and they are covered in preserving evidence after a Colorado truck crash.

What should you do after a transit injury?

The steps are similar to any crash, with a few additions that matter specifically for transit.

• Report the injury to the operator or a supervisor before leaving, and ask that an incident report be created.
• Note the vehicle or train number, the route, the direction of travel, and the time.
• Photograph the scene, including whatever caused the injury. Our checklist on what photos to take after a crash applies here too.
• Get contact information from other passengers. Transit witnesses disperse instantly and are effectively unfindable afterward.
• Seek medical care promptly, even if the injury seems minor.
• Do not wait to have the claim evaluated. The notice period is roughly six months and video may be gone in weeks.

If the incident involved a collision with another vehicle, the process for obtaining the report is covered in how to get a copy of a Denver police accident report.

What if a private company was operating the service?

This is the question that most often changes the answer, and it needs to be resolved at the outset. Transit agencies contract portions of their service to private operators, and a private contractor may not qualify as a public entity.

If the operator is private, ordinary tort rules may apply instead: no statutory cap, and a three-year filing deadline under C.R.S. 13-80-101(1)(n) rather than a 182-day notice period. If the operator is public, or if the agency itself is implicated through vehicle ownership or contractor selection, the Governmental Immunity Act framework applies.

Because getting this wrong in either direction is costly, the practical approach is to identify the operating arrangement quickly and preserve the claim under whichever framework has the shorter deadline. Sorting out which entities are actually responsible is the same exercise described in who is liable in a truck accident besides the driver.

For the broader picture on commercial and public vehicle claims, see our overview of truck accident claims in Colorado.

Frequently Asked Questions

How long do I have to file a claim against RTD?

Written notice must be filed within 182 days after the date you discovered the injury, under C.R.S. 24-10-109. This deadline is much shorter than the three-year period for filing most personal injury lawsuits in Colorado.

Can I bring a claim if I fell on a bus without a collision?

Yes. Injuries from sudden stops, hard acceleration, doors, and lift failures can support a claim, and no collision is required.

How much can I recover?

For claims accruing on or after January 1, 2026 and before January 1, 2030, the statutory limit is $505,000 for injury to one person in a single occurrence and $1,421,000 where two or more people are injured.

Is the video from the bus available to me?

Not automatically. Onboard footage is typically overwritten on a cycle, so a written preservation request needs to be made quickly to keep it from being lost.

What if I was hit by a bus while walking or cycling?

The same Governmental Immunity Act framework applies, including the 182-day notice requirement and the statutory damage cap. You do not need to have been a passenger.

Does the cap apply if several passengers were hurt?

Yes, and the per-occurrence limit is shared among everyone injured in the same event, with no individual exceeding the per-person amount.

Talk to a Denver personal injury lawyer

Transit claims combine the shortest deadline in Colorado personal injury law with evidence that is overwritten in weeks. Chalat Hatten & Banker represents seriously injured people and their families throughout Colorado, and when you call you reach a partner of the firm. Schedule a free consultation.

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