Short Answer

In North Carolina, most personal injury and civil assault claims must be filed within three years from the date of injury. If the transit system is city- or county-run, you typically sue in Superior Court within that three-year window. If the operator is a state agency, you must file a claim with the North Carolina Industrial Commission under the Tort Claims Act, which has its own filing rules and timelines. Minors or legally incapacitated adults may have extra time.

Understanding the Problem

You want to know how much time you have to sue both the attacker and the transit authority in North Carolina after you were assaulted while boarding a city bus and the driver did not intervene or call police. The single decision point is timing: when must you file each claim, and in which forum, to keep your rights alive?

Apply the Law

North Carolina law generally gives you three years from the injury date to file a civil lawsuit for personal injury, including assault and battery, and negligence claims against a local transit authority. If the transit operator is a municipality, whether you can sue may depend on governmental immunity and whether the city has liability insurance covering the claim. If the operator is a state agency, you do not file in court; you file a claim with the North Carolina Industrial Commission under the Tort Claims Act, which has different procedures and deadlines. The forum is the county Superior Court for local entities or the Industrial Commission for state entities. The core trigger is the date of injury.

Key Requirements

• Three-year clock: File personal injury claims within three years from the date of the assault/injury.
• Right forum: Sue a city or county transit authority in Superior Court; file Tort Claims Act claims against a state-run system with the North Carolina Industrial Commission.
• Governmental immunity: A city or county can be sued only to the extent it has waived immunity, often by purchasing liability insurance that covers the event.
• Correct defendant: Identify and name the proper legal entity that operates the bus system (city, county, regional authority, state agency, or private contractor).
• Tolling basics: The clock may pause for minors or legally incompetent adults; do not assume internal complaint forms stop the statute.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury) - Most personal injury and assault/battery actions must be filed within three years.
• North Carolina Gen. Stat. § 160A-485 (Municipal waiver of immunity by insurance) - Cities may be sued to the extent they purchase liability insurance.
• North Carolina Gen. Stat. § 143-291 (Industrial Commission jurisdiction) - Tort claims against state agencies are filed with the North Carolina Industrial Commission, not the trial courts.
• North Carolina Gen. Stat. § 1-17 (Tolling for minors and incompetents) - The filing deadline may be extended for certain legal disabilities.

Analysis

Apply the Rule to the Facts: Your claim against the assailant for assault and battery generally carries a three-year filing deadline from the date you were pepper sprayed. Your negligence claim against the transit authority for the driver’s failure to act typically shares the same three-year period if the system is city- or county-run and immunity is waived by insurance. If, instead, the operator is a state agency, you must file a Tort Claims Act claim with the Industrial Commission within its timeframe rather than a court lawsuit.

Process & Timing

1. Who files: The injured rider. Where: If the bus system is local (city/county/regional authority), file in the Superior Court for the county where the incident occurred or where a defendant resides. If the operator is a state agency, file with the North Carolina Industrial Commission (Tort Claims Section). What: For court, a civil complaint and summons; for the Industrial Commission, a Tort Claims filing using the Commission’s forms. When: File within the three-year limitation period for personal injury; Industrial Commission procedures and deadlines apply for state claims.
2. Next: Serve each defendant properly. For a municipality, service must be made on the correct city official as North Carolina’s service rules require. Expect the defendant to assess immunity and insurance coverage early.
3. Final: After service, the case proceeds through pleadings, discovery, motions, and either settlement or trial (or a hearing process at the Industrial Commission for state claims). Preserve evidence like bus video promptly; agencies often have short retention windows.

Exceptions & Pitfalls

• Misidentifying the transit operator (city vs. regional authority vs. state) can send you to the wrong forum or the wrong defendant.
• Governmental immunity can bar claims unless there is applicable liability insurance; confirm coverage scope before filing.
• Filing an internal complaint with the transit agency does not stop the statute of limitations.
• Service mistakes—especially on cities and counties—can delay or derail the case; follow North Carolina’s service rules.
• Minors and legally incapacitated adults may get extra time under tolling rules; do not assume this without legal advice.

Talk to a Personal Injury Attorney

If you're dealing with injury claims after an assault on public transit and need to preserve your rights and deadlines, 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.