Comments on: RTD Strikes Again http://osullivan-law-firm.com/blog/2010/06/rtd-strikes-again/ Personal Injury Law Firm Specializing in Automobile Accidents, Motorcycle Accidents, and Bicycle Accidents Thu, 29 Sep 2011 15:59:46 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Donna Waters http://osullivan-law-firm.com/blog/2010/06/rtd-strikes-again/comment-page-1/#comment-58 Donna Waters Wed, 28 Jul 2010 21:24:11 +0000 http://devsite.osullivan-law-firm.com/blog/?p=169#comment-58 I also had an accident with an RTD driver who made no attempt to avoid the collision and then proclaimed "I'm driving the bus, so everyone has to get out of the way!". My car was barely poking out into the gutter from a parking lot driveway as he stopped to pick up a passenger. He was waved on just as the passenger was about to board. He stomped on it and didn't move away from the curb. He assumed I would panic and back up, but I couldn't move in time. After the collision, he moved the bus over two lanes to make it appear as if he had swerved and claimed that I had hit him. Police photos proved otherwise, but they kept the driver. Now I'm in another legal debate with the RTD over a bicycle locker. They're convinced that they're above the law. I don't understand this because the Supreme Court made it quite clear (unanimously) in 2006 that the state and only the state can claim immunity. RTD is funded by local sales tax, so it's not an "arm of the state". The only reason I can imagine that Colorado courts are granting RTD state immunity is that they are defying or ignorant of federal law. I also had an accident with an RTD driver who made no attempt to avoid the collision and then proclaimed “I’m driving the bus, so everyone has to get out of the way!”. My car was barely poking out into the gutter from a parking lot driveway as he stopped to pick up a passenger. He was waved on just as the passenger was about to board. He stomped on it and didn’t move away from the curb. He assumed I would panic and back up, but I couldn’t move in time. After the collision, he moved the bus over two lanes to make it appear as if he had swerved and claimed that I had hit him. Police photos proved otherwise, but they kept the driver.

Now I’m in another legal debate with the RTD over a bicycle locker. They’re convinced that they’re above the law. I don’t understand this because the Supreme Court made it quite clear (unanimously) in 2006 that the state and only the state can claim immunity. RTD is funded by local sales tax, so it’s not an “arm of the state”.

The only reason I can imagine that Colorado courts are granting RTD state immunity is that they are defying or ignorant of federal law.

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