Injured on Public Transit? Understanding Your Rights After an RTD Accident

Being involved in an RTD bus accident can turn your life upside down in an instant. One moment, you’re commuting to work or running errands; the next, you’re dealing with injuries, medical bills, and the confusion of navigating a complex claims process. In 2025, Denver’s public transportation system will continue to serve thousands of riders daily, but passengers often find themselves uncertain about their legal rights and options when accidents happen. At Mintz Law Firm, we understand the challenges you’re facing, and we’re here to help you make sense of this challenging situation.

Don’t let the complexities of an RTD bus accident claim to overwhelm you. Contact Mintz Law Firm today to ensure your rights are protected, and your path to compensation is clear. Call us at 303-732-8919 or contact us online to start your journey toward justice.

Understanding Your Legal Rights as an RTD Passenger in Colorado

Colorado law provides specific protections for passengers injured while using public transportation. Many riders don’t realize that RTD accidents fall under unique areas of personal injury law that differ from typical vehicle accidents. As a passenger, you have rights to compensation for your injuries, but securing fair treatment requires knowledge of Colorado’s government liability laws. The Colorado Governmental Immunity Act (CGIA) creates unique procedural requirements and limitations when filing claims against public entities like RTD. You have 182 days from the accident date to file a formal notice of claim—a significantly shorter timeframe than the standard three-year statute of limitations for most personal injury cases in Colorado. Missing this critical deadline can permanently bar your right to compensation, regardless of how severe your injuries might be.

The Critical Timeline: What to Do Immediately After an RTD Bus Accident

Taking the right steps in the immediate aftermath of a bus accident can significantly impact your ability to recover fair compensation. Many passengers make critical mistakes in the hours and days following an accident simply because they’re unfamiliar with the process. 

Following these steps can help protect your rights:

• Seek immediate medical attention, even for seemingly minor injuries—conditions like whiplash and traumatic brain injuries can have delayed symptoms but require documentation from the outset

• Report the accident to RTD Colorado officials and obtain an incident report number, creating an official record of your involvement.

• Document everything: take photos of the accident scene and your injuries, and collect contact information from witnesses (most RTD buses have interior cameras, but this footage may be automatically deleted if not preserved)

• Avoid giving recorded statements to RTD representatives or insurance adjusters without legal representation—statements can be used to minimize your claim.

• File the required notice of claim within 182 days—this document must contain specific information about the incident and your injuries to be valid under Colorado law

How an Experienced Bus Accident Lawyer in Denver Can Help Protect Your Rights

Navigating a bus accident claim without proper legal guidance often results in inadequate compensation or outright claim denial. RTD employs teams of attorneys and claims adjusters trained to minimize the organization’s liability. At Mintz Law Firm, we level the playing field by handling every aspect of your case. We investigate the accident circumstances, gather crucial evidence, consult medical experts to document your injuries, calculate your full damages (including future medical needs), and negotiate aggressively with RTD’s legal team. Our experience with the specific nuances of Colorado transit claims means we anticipate the tactics used to devalue your claim and counter them effectively. Most importantly, we ensure all critical deadlines are met, preserving your right to fair compensation while you focus on recovery.

Common Causes of RTD Bus Accidents and How They Affect Your Claim

Understanding the cause of an RTD accident is crucial to establishing liability and strengthening your claim. While public transit is generally safe,several factors consistently contribute to bus accidents in the Denver area. Driver fatigue has emerged as a significant concern, particularly as RTD has faced staffing challenges recently. Inadequate driver training, distracted driving, poor vehicle maintenance, and hazardous road conditions also commonly contribute to accidents. The cause matters because it helps determine which parties may be liable—in some cases, entities beyond RTD itself may share responsibility, such as maintenance contractors, other drivers, or even municipal agencies responsible for road conditions. Identifying all potentially liable parties is essential to maximize your compensation, especially when severe injuries exceed standard insurance coverage limits.

RTD’s Common Carrier Status and Its Impact on Your Claim

RTD operates as a “common carrier” under Colorado law, which means it’s held to a higher standard of care than ordinary drivers. This legal classification requires RTD to exercise the highest care and vigilance in safely transporting passengers. We’ve found that many injured passengers aren’t aware of this heightened duty of care, which can be a decisive factor in establishing liability. When we represent RTD accident victims, we highlight evidence that the transit authority failed to meet this elevated standard through operational practices, driver behavior, or vehicle maintenance issues.

Types of Compensation Available After an RTD Bus Accident

Victims of RTD accidents often underestimate the full scope of compensation they may be entitled to receive. The immediate medical bills are just one component of a comprehensive claim. Compensation categories typically include medical expenses (current and future), lost wages and diminished earning capacity, pain and suffering, emotional distress, and costs for rehabilitation or assistance with daily activities. However, it’s essential to understand that Colorado law caps damages in claims against government entities like RTD. These limitations make it especially important to work with a knowledgeable Denver bus accident lawyer who can help you maximize recovery within these constraints and identify any exceptions that might apply to your situation.

Dealing with Insurance Companies After an RTD Accident

RTD is self-insured up to a certain threshold, after which its excess insurance policies take effect. This structure creates a unique dynamic in the claims process. Unlike private insurance companies, RTD’s claims adjusters work directly for the transit authority and are vested in minimizing payouts. They may contact you shortly after the accident, often while you recover, and request recorded statements or offer quick settlements that significantly undervalue your claim. These early settlement offers rarely account for long-term medical needs or the full impact of your injuries. By having legal representation from the outset, you create a buffer between yourself and these adjusters, ensuring all communications and settlement discussions properly reflect your best interests rather than RTD’s financial concerns.

Special Considerations for Different Types of RTD Accidents

Not all RTD accidents are the same, and the specific circumstances of your incident can significantly impact your legal claim. Bus collisions with other vehicles represent the most common accident type. Still, passenger injuries also frequently occur during sudden stops or starts, boarding or exiting incidents, or when buses strike pedestrians or cyclists. Each scenario involves different liability questions and evidence requirements. For example, sudden stop injuries might involve reviewing driver training records and bus camera footage, while collisions with other vehicles may require accident reconstruction and assessment of multiple insurance policies. Slip and fall incidents at RTD stations involve premises liability principles that differ from vehicle accident laws. Understanding these distinctions helps ensure your claim addresses the specific legal elements relevant to your situation.

When Multiple Parties Share Responsibility for RTD Accidents

While RTD is often the primary defendant in bus accident claims, many cases involve shared liability among multiple parties. Other potentially responsible parties may include private contractors handling maintenance or operations, manufacturers of defective bus components, other drivers involved in collisions, or government entities responsible for road design and maintenance. Colorado follows a modified comparative negligence system, meaning compensation can be pursued from multiple parties based on their percentage of fault. This approach becomes critical in catastrophic injury cases where damages exceed RTD’s liability caps, as pursuing claims against additional responsible parties may provide avenues for full compensation beyond what’s available from RTD alone.

Frequently Asked Questions

1. How long do I have to file a claim after an RTD bus accident in Denver?

You must file a formal notice of a claim aganist RTD within 182 days (approximately six months) of the accident. This is much shorter than Colorado’s standard personal injury statute of limitations. The notice must contain specific information about the incident and your injuries. Failing to file this notice or providing incomplete information can permanently bar your right to compensation. After filing the notice, RTD has 90 days to respond before you can proceed with a lawsuit, which must then be filed within two years of the accident date.

2. What evidence is most important for my Colorado bus injury claim?

The most critical evidence includes medical records documenting your injuries, the official RTD incident report, witness statements, photographs of the accident scene and your injuries, bus camera footage (which must be requested quickly before it’s deleted), driver records (including training and safety history), maintenance records for the bus involved, and expert testimony regarding your injuries and their long-term impact. A Denver bus crash attorney can help secure this evidence through formal discovery processes, which is especially important when dealing with RTD’s internal records that aren’t publicly accessible.

3. Can I file a Denver transit accident lawsuit if I was injured while standing on the bus?

Yes, you can file a claim even if you were standing when injured. RTD buses are designed to accommodate standing passengers safely, and the transit authority must operate vehicles to minimize risk to all passengers. Sudden stops, starts, or erratic driving that causes injuries to standing passengers may constitute negligence. The fact that you were standing doesn’t automatically reduce RTD’s liability, though they may attempt to argue comparative negligence if you weren’t holding onto available supports. These cases often hinge on whether the driver’s actions were reasonable.

4. What compensation can I receive for an RTD accident in Denver, and are there limits?

Compensation typically covers medical expenses, lost wages, pain and suffering, and other damages related to your injuries. However, RTD benefits from damage caps under Colorado law as a government entity. These limits make it crucial to properly document all damages and identify any exceptions that might apply to your case. In certain circumstances, claims against other parties, like negligent drivers or maintenance contractors, might not be subject to these caps.

5. Should I accept RTD’s settlement offer after a bus accident without consulting a lawyer?

Accepting a settlement offer without legal review is rarely in your best interest. RTD’s initial offers typically represent a fraction of what your claim may be worth and often come before you fully understand the long-term implications of your injuries. Once accepted, these settlements release RTD from liability, even if your condition worsens. A qualified bus accident lawyer in Denver can evaluate your specific circumstances, calculate the full value of your claim, and negotiate for appropriate compensation that accounts for your current and future needs.

Work with a Bus Accidents Lawyer

If you’ve been injured in an RTD accident, securing skilled legal representation can make a critical difference in your recovery journey. The unique challenges of public transit claims—from shortened filing deadlines to governmental immunity issues—require skilled knowledge of Colorado transportation law. We have extensive experience helping passengers navigate these complex cases. At Mintz Law Firm, we have vast experience assisting passengers in navigating these complex cases. Our team can handle every aspect of your claim while you focus on healing, from preserving critical evidence to meeting procedural requirements and negotiating with RTD’s legal team. Remember that your actions in the days and weeks following an accident can significantly impact your ability to receive fair compensation. A consultation with a knowledgeable bus accident attorney clarifies your rights and options, helping you make informed decisions during this challenging time. Don’t let procedural obstacles or aggressive defense tactics prevent you from receiving the compensation you deserve for injuries that weren’t your fault.

When life throws you a curveball with an RTD bus accident, don’t navigate the legal maze alone. Let Mintz Law Firm be your guiding light to ensure your rights are safeguarded and your compensation journey is smooth. Dial 303-732-8919 or contact us today to help you take the first step toward justice.