How can a passenger pursue compensation for injuries sustained in a bus accident in North Carolina?
How a Passenger Can Pursue Compensation After a North Carolina Bus Accident
Why Passengers Have Strong Injury Claims
North Carolina treats buses that carry paying or public passengers as common carriers. A common carrier owes its riders the highest duty of care. If the bus driver, bus company, or another party violates that duty and causes injury, you may recover damages for medical bills, lost wages, pain, and more.
Step-by-Step Guide to Protecting Your Claim
Seek Immediate Medical Attention Prompt care documents injuries and links them to the crash.
Report the Accident Make sure police create a crash report. Obtain the report number for later use.
Gather Evidence Take photos, note the bus number, route, driver’s name, and contact information for witnesses.
Identify All Potential Defendants
Private bus company or charter service
Municipal or county transit agency (public bus)
School district (school bus)
Another negligent driver
Bus or parts manufacturer (defective equipment)
Notify the Proper Entity
Private bus: Send a preservation letter to the company and insurer.
File an Insurance Claim Provide medical records, wage documentation, and evidence of pain and suffering. For a school or city bus, the State’s insurance coverage applies up to $1 million per claim (N.C. Gen. Stat. § 143-299.2).
Tort Claims Act: File within 3 years of injury (same deadline), but an administrative claim is required first.
Consider Contributory Negligence North Carolina still follows the strict contributory negligence rule. Fortunately, a seated passenger rarely contributes to a bus crash, so this defense seldom applies.
Negotiate or Litigate Your attorney will demand compensation, negotiate, and—if necessary—file suit in Superior Court or the Industrial Commission.
Hypothetical Example
Imagine a Durham Transit Authority bus rear-ends a stopped vehicle because the driver was texting. You were standing in the aisle and suffered a fractured wrist. You would:
Get treated at Duke Regional Hospital.
Obtain the crash report and surveillance footage.
File a Tort Claims Act notice with the Industrial Commission.
Document $18,000 in medical bills and eight weeks of lost wages.
Negotiate with the State’s adjuster; if talks stall, request an Industrial Commission hearing.
Damages You May Recover
Past and future medical expenses
Lost wages and diminished earning capacity
Pain, suffering, and emotional distress
Scarring or disfigurement
Property loss (phone, laptop, luggage)
Special Rules for Uninsured/Underinsured Motorist Coverage (UM/UIM)
If another driver caused the collision and lacks sufficient insurance, your own auto policy’s UM/UIM coverage can fill the gap under N.C. Gen. Stat. § 20-279.21. Promptly notify your carrier to preserve your rights.
Helpful Hints
Keep a daily pain journal; juries appreciate concrete details.
Follow all doctor orders—gaps in treatment hurt settlement value.
Save the bus ticket or transit app receipt; it proves you were a paying passenger.
Do not post about the crash on social media; insurers monitor posts.
Consult counsel before giving a recorded statement.
Need Legal Help After a Bus Accident?
Bus injury cases move quickly, especially when government entities are involved. Our North Carolina personal-injury attorneys know how to uncover evidence, navigate the Tort Claims Act, and fight for full compensation. Call us today at 919-313-2737 for a free consultation. Waiting could cost you your right to recover—reach out now to protect your claim.
