Short Answer

Yes. In North Carolina, the driver and passenger may usually bring separate injury claims from the same car accident if each person was hurt and another party may be legally responsible. The claims are separate because each person has different injuries, medical bills, lost income, evidence, and possible defenses. The biggest caveats are contributory negligence, available insurance coverage, and lawsuit deadlines.

One Crash Can Create More Than One Injury Claim

A car accident claim belongs to the injured person, not to the vehicle. If both the driver and the passenger were hurt in the same Durham crash, each person may have an individual bodily injury claim. The claims may arise from the same facts, but they are not automatically the same claim.

For example, the driver may have one claim for neck, back, leg, and knee symptoms, medical expenses, missed work, and other losses. The passenger may have a separate claim for the passenger’s own medical care, symptoms, time missed from work, and daily-life impact. One person’s settlement or release usually should not resolve the other adult’s claim unless that other person also agrees and signs the required paperwork.

This matters because insurance companies often open separate claim numbers for each injured person. They may ask for separate medical records, bills, wage information, and settlement releases. Even when the same adjuster handles both claims, the proof and evaluation can be different for each person.

Who Can Each Person Bring a Claim Against?

If another driver allegedly ran a red light and caused the crash, both the driver and the passenger may have claims against that at-fault driver and that driver’s insurance company, if coverage applies. Running a red light can be important evidence of negligence, but the claim still depends on proof, witness accounts, crash data, and the insurer’s liability position.

The passenger’s claim may be simpler in one sense because the passenger usually was not controlling either vehicle. Still, the passenger’s claim is not automatic. The insurer may review whether the passenger acted reasonably under the circumstances, whether the injuries were caused by the crash, and whether the claimed losses are supported by records.

There is also a sensitive issue: if evidence suggests both drivers did something wrong, the passenger may have potential claims involving more than one driver. That does not mean the passenger must accuse the driver they were riding with, but it does mean the facts should be reviewed carefully. A driver and passenger can have aligned interests in proving that the red-light driver caused the wreck, but their interests may become different if an insurance company argues the driver with the passenger also contributed to the crash.

Why Contributory Negligence Matters in North Carolina

North Carolina uses contributory negligence as a defense in many personal injury claims. In plain English, if the injured person’s own lack of reasonable care helped cause the injury, that defense can create serious problems for that person’s claim. The party raising the defense generally has the burden to prove it under N.C. Gen. Stat. § 1-139.

For the driver, the other insurance company may look for arguments such as speeding, distraction, failure to keep a proper lookout, or entering the intersection when it was not safe. Even if the other driver ran a red light, the insurer may still investigate whether the injured driver could have avoided the crash. Evidence should address both what the other driver did wrong and why the injured driver acted reasonably.

For the passenger, the analysis is usually different. A passenger is generally allowed to rely on the driver to use reasonable care unless danger is obvious enough that a reasonable passenger would say or do something. Issues may arise if, for example, the passenger knowingly rode with an impaired driver or ignored an obvious risk. Those are fact-specific issues, and the insurer should not assume the passenger shares the driver’s fault simply because they were in the same vehicle.

Insurance Coverage May Affect How Separate Claims Are Handled

Separate claims do not always mean separate pools of insurance money. If both injured people are making claims against the same at-fault driver, the available liability coverage may have per-person and per-accident limits. Without interpreting any specific policy, that means multiple injured people may be making claims against the same coverage.

This is one reason documentation matters. Each claimant should build a clear record of their own injuries and losses. The driver’s medical records do not prove the passenger’s damages, and the passenger’s records do not prove the driver’s damages. Each person’s claim needs its own support.

Insurance paperwork should also be read carefully. A release is a legal document. One injured person should not assume that signing paperwork for property damage, medical payments coverage, or bodily injury settlement has no effect on other rights. Claim discussions with an insurance adjuster also do not automatically extend the time to file a lawsuit.

Deadlines Still Apply Even When the Insurer Is Talking

For many North Carolina personal injury claims, N.C. Gen. Stat. § 1-52 provides a three-year deadline for claims involving injury to the person or property damage. The exact deadline can depend on the type of claim and the facts, so it should be checked early.

The driver and passenger may have the same general accident date, but each person should treat the deadline as applying to that person’s own claim. Waiting for the other person’s claim to resolve can create risk. Medical treatment, repair disputes, airbag questions, and settlement negotiations do not by themselves pause the lawsuit deadline.

Documents Each Injured Person Should Gather

Because the driver and passenger have separate injury claims, each person should try to preserve their own records. Helpful documents and evidence may include:

• The crash report or report number, if available.
• Photos or video of the vehicles, intersection, traffic signals, skid marks, debris, and visible injuries.
• Names and contact information for witnesses.
• Hospital discharge paperwork, visit summaries, medical bills, and records from follow-up care.
• Pharmacy receipts, mileage logs, and other out-of-pocket expense records.
• Pay stubs, employer notes, or other proof of missed work or reduced hours.
• Insurance letters, claim numbers, adjuster emails, and recorded-statement requests.
• Photos of the vehicle interior, airbags, seat belts, and damage before repairs or salvage.

If there is concern that airbags did not deploy, preserving the vehicle can be important. An airbag non-deployment does not automatically prove a defect or change who caused the crash. But if the issue may matter, the vehicle, event data, repair records, and photographs should be protected before the vehicle is repaired, sold, or destroyed.

How This Applies to the Durham Crash Described

Based on the facts provided, the driver and passenger were both evaluated at a hospital after another driver allegedly ran a red light in Durham and caused a serious crash. If both people are still dealing with neck, back, leg, and knee pain, each person may have a separate bodily injury claim that needs separate medical documentation and damage proof.

The driver’s claim would likely focus on proving the red-light violation, showing that the driver acted reasonably, and documenting the driver’s own injuries and losses. The passenger’s claim would focus on the passenger’s injuries, the cause of the crash, and whether any insurer is trying to shift blame in a way that affects the passenger.

The airbag concern should be handled early. If the vehicle has not been repaired or released to a salvage yard, photos and preservation steps may help protect evidence. That issue should not distract from the ordinary injury-claim steps, but it may need a separate evidence review.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to help a driver and passenger understand how separate North Carolina injury claims are organized after the same crash. That can include reviewing the crash facts, identifying possible conflicts between claimants, communicating with insurance companies, and helping each injured person gather the records needed to support their own claim.

The firm may also help evaluate contributory negligence arguments, insurance issues involving multiple injured people, medical bill documentation, lien concerns, and settlement paperwork. When a vehicle defect question such as airbag non-deployment is raised, the firm can discuss evidence-preservation steps and whether additional investigation may be appropriate. No lawyer can promise how an insurer or court will resolve a claim, but an early review can help reduce avoidable mistakes.

Talk to a Personal Injury Attorney in Durham

If your question involves injuries, insurance, fault, medical documentation, settlement paperwork, or a possible deadline, speaking with a licensed North Carolina attorney can help clarify your options. Call 919-313-2737 to discuss what happened and what steps may make sense next.

Disclaimer: This article provides general information about North Carolina personal injury law based on the single question stated above. It is not legal advice and does not create an attorney-client relationship. It is not medical advice, tax advice, or insurance policy interpretation. Laws, procedures, and local practice can change and may vary by county. If there may be a deadline, act promptly and speak with a licensed North Carolina attorney.