Bus Crashes

Answers to most frequently asked questions about bus crash cases.

1. If a bus runs into my car, whom can I sue?

Answer: Most buses on the road are either RTD owned and operated or school buses. You can sue RTD or the school district in these instances.

2. Are there any time limits to sue a bus company?

Answer: Yes. In the event that you have a claim against a school district or RTD or other public entity, you must file a notice pursuant to the Governmental Immunity Act within 6 months of the date of the collision. This Notice is very specific and complicated and should be filed by your attorney. Failure to file this Notice in a proper manner will result in a waiver or complete loss of your claim. Once you have filed the 6-month notice, you then have 3 years from the date of the collision to file a lawsuit.

3. Can a passenger on the bus sue RTD for the bus driver’s negligence?

Answer: Yes. In the event that the bus driver is negligent and drives into another vehicle or stationary object while you are a passenger – you can bring a claim against RTD. However, you must file a Statutory Notice within 6 months of the collision.

As a passenger, the bus driver and bus company owe the highest duty of law recognized in the State of Colorado, because the bus is a “Common Carrier”.

4. What if the bus begins moving while I am on the stairs to enter the bus?

Answer: The highest duty of care begins in the area around the bus stop and certainly when you are on the stairs entering the bus. The bus also has a duty to make sure that you can exit the bus in a safe location.

5. What if the bus involved in the collision is not an RTD bus, school bus, or publicly owned?

Answer: If the bus is owned or operated by any type of public or governmental entity, you must file a 6 month Notice of Claim. However, if the bus is purely a private transportation bus – such as a bus to a casino or from a parking lot – you have 3 years to bring a claim.

6. What damages am I entitled to claim from a bus company?

Answer: Colorado allows an injured person to obtain economic and non-economic damages. The economic damages include past and future wage losses and lost earning capacity, past and future medical expenses, and funeral expenses in the event of a wrongful death. Non-economic damages include pain, suffering, emotional distress, impairment and disfigurement.