Short Answer

Yes—under North Carolina law, a bus company and driver can be liable if they knew or should have known a passenger faced danger and failed to take reasonable steps to protect them when it was safe to do so. Reasonable steps can include stopping the bus, refusing boarding, separating the parties, or calling police. If the attack was sudden and unforeseeable, or intervention would have been unsafe, liability is less likely. For city-run buses, governmental immunity and insurance coverage may affect who you can sue and where you file.

Understanding the Problem

In North Carolina, can you hold a city bus company or bus driver liable for not ejecting an attacker or calling the police when the assault happened as you were boarding? You want to know if the law imposes a duty on the driver or transit operator to take protective action and whether their inaction can make them responsible for your injuries. This question focuses on the duty of carriers to protect passengers and how timing and safety affect that duty.

Apply the Law

North Carolina treats public transportation operators as common carriers, which owe passengers a heightened duty of care. A carrier must use reasonable care to protect passengers from foreseeable harm, including criminal acts by third parties, when the carrier knows or should know of the danger and has a practical opportunity to act without creating new, undue risks. The main forums are Superior Court (for private or municipal operators when immunity is waived) and the North Carolina Industrial Commission (for state agencies). The general statute of limitations for personal injury is three years from the injury.

Key Requirements

• Duty to passengers: Bus companies and drivers must use the highest practical care to keep passengers reasonably safe.
• Notice/foreseeability: Liability turns on whether the driver knew or should have known about the threat and had time to act.
• Reasonable protective steps: The driver must take sensible measures—like stopping, refusing boarding, separating parties, or calling police—when it can be done safely.
• Causation and damages: The failure to act must be a cause of the injury, and the passenger must have actual losses (medical treatment, pain, time missed from work).
• Governmental immunity/venue: For city-run buses, immunity may limit claims unless waived by liability insurance; claims against the State go to the Industrial Commission.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Personal injury limitations period) - Most negligence claims must be filed within three years.
• North Carolina Gen. Stat. § 160A-485 (City waiver of immunity by insurance) - A municipality can waive governmental immunity to the extent of insurance coverage.
• North Carolina Gen. Stat. § 143-291 (Tort Claims Act; Industrial Commission jurisdiction) - Negligence claims against state agencies are filed with the Industrial Commission.

Analysis

Apply the Rule to the Facts: You were assaulted while boarding a city bus, and the driver did not eject the attacker or call police. If the driver saw or should have recognized the threat in time and could have taken safe protective steps (such as refusing boarding or contacting dispatch/911), that points toward a breach of duty. Your pepper spray injuries and emergency treatment meet the damages element, and your police report helps prove what happened. Because it was a city bus, we must assess whether the city has insurance that waives immunity and which forum applies.

Process & Timing

1. Who files: You (the injured passenger). Where: Generally in the Superior Court for the county where the incident occurred if suing a private carrier or a city with immunity waived; claims against a state agency are filed with the North Carolina Industrial Commission. What: File a civil Complaint (court) or an Industrial Commission tort claim (often initiated by Form T-1, Affidavit). When: File within three years of the injury for most personal injury claims.
2. Next step: Send prompt preservation letters to the transit agency for onboard video, driver communications, and incident logs; request 911 and police records. Expect video retention to be short, and county procedures can vary.
3. Final step: Litigate liability and damages. If against a city, confirm insurance coverage and any waiver of immunity early; if against a state entity, follow Industrial Commission procedures through hearing and decision.

Exceptions & Pitfalls

• Sudden, unforeseeable attacks: If the assault happened without warning and the driver had no safe opportunity to act, liability is less likely.
• Governmental immunity: Cities may be immune unless they purchased liability insurance that covers the claim; verify coverage limits and exclusions.
• Public duty doctrine/driver safety: The driver is not required to take actions that would unreasonably endanger passengers or the driver.
• Contributory negligence arguments: North Carolina’s contributory negligence rule can bar recovery if the passenger’s own unreasonable conduct contributed to the harm.
• Service/notice traps: If suing a municipality, follow North Carolina Rule 4’s service requirements (e.g., service on the city’s authorized official). Improper service can delay or derail a case.
• Evidence loss: Bus video can overwrite quickly; send preservation requests immediately.

Talk to a Personal Injury Attorney

If you're dealing with an assault on a bus and questions about a driver’s failure to act, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.