Injured on RTD or Public Transit? The Clock is Ticking Faster Than You Think

If your accident involved an RTD bus, light rail train, or any government-operated vehicle in Colorado, you have walked into a legal minefield.

Normal car accidents in Colorado generally give you three years to file a lawsuit. Public transportation accidents do NOT.

Because RTD (Regional Transportation District) is a government entity, it is protected by special laws designed to make it hard for you to sue them. If you do not act fast—much faster than in a regular car crash—you will automatically lose your right to any compensation for your medical bills.

Here is the urgent reality you face right now.

The “182-Day” Deadline Trap

Under the Colorado Governmental Immunity Act (CGIA), you cannot just sue RTD. You must first file a formal “Notice of Claim.”

You have exactly 182 days from the date of the injury to file this notice.

• NOT 6 months.
• NOT “around half a year.”
• Exactly 182 days.

If you miss this deadline by even 24 hours, your claim is likely barred forever, no matter how severely you were injured or how clearly the RTD driver was at fault.

What is a “Notice of Claim”?

It is not a lawsuit. It is a strict formal document that must be sent to the specific correct legal address for the government entity (or their attorney general/governing body). It must include precise details:

• Your name and address.
• A concise statement of the factual basis of the claim (date, time, place, circumstances).
• The name of the public employee involved (if known).
• The nature of your injuries.
• The amount of monetary damages you are requesting.

Many people try to write this themselves, miss one technical requirement, and have their claim thrown out.

“Sovereign Immunity”: Can You Even Sue?

Generally, the government is immune from lawsuits. However, Colorado law waives this immunity for specific situations, most notably: The dangerous operation of a motor vehicle by a public employee.

If an RTD bus driver ran a red light and hit you, you can usually sue. If a light rail operator was texting and derailed, you can usually sue. But you must prove their actions fit strictly into these narrow exceptions.

Immediate Steps to Beat the Clock

1. Do Not Wait for Full Recovery: You might still be in physical therapy 7 months from now. If you wait until you are “all better” to file your claim, you will have already missed the 182-day deadline.
2. Preserve Video Evidence NOW: RTD buses and trains have cameras. That footage is often overwritten quickly (sometimes in as little as 7-14 days) unless you formally demand they save it.
3. Get Professional Help Immediately: Because of the strict technical requirements of the CGIA notice, this is not a claim you should DIY. You need someone who knows exactly where to send the notice and what it must say.

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Frequently Asked Questions

1. Does this apply to school buses too? YES. Public school districts are also government entities protected by the CGIA. The same 182-day notice rule applies if your child was injured on a public school bus.

2. I already called RTD customer service to complain. Does that count as “Notice”? NO. A phone call, an email to customer support, or even an angry letter to the driver’s supervisor does NOT fulfill the legal requirements of C.R.S. § 24-10-109. It must be a formal legal notice sent to the proper governing body or authorized agent.

3. What if I didn’t know about the 182-day rule? Ignorance of the law is almost never accepted as an excuse by Colorado courts. The deadline is strictly enforced.

4. The RTD adjuster is being nice to me. Do I still need to file the Notice? YES. They might be “nice” until day 183, at which point they will stop returning your calls because they know you can no longer sue them. Never trust a verbal promise from a government entity; always file the formal notice.