Can a Passenger be Liable for a Car Accident?

There were more than 110,000 reported car accidents in Maryland in 2022, with about 28,000 of these resulting in physical injuries to drivers or passengers, and more than 500 fatalities according to reports by the Maryland Department of Transportation.

When you think of car accidents, it’s easy to just assume that the drivers involved are the ones responsible for the accident, right?  After all, they’re the ones behind the wheel, making decisions, and controlling the vehicle.

But what about passengers? Can a passenger be liable for a car accident in Maryland?

While it’s not common, there are certainly circumstances when one or more passengers could bear some responsibility for a crash. Let’s take a close look at this issue, and examine when and how passengers might be held accountable in Maryland.

Passenger Liability in Car Accidents

In most cases, passengers are the innocent parties in car accidents, as they’re typically just along for the ride, with no direct control over the vehicle.

Still, Maryland law does recognize certain situations where a passenger’s actions (or inaction) could contribute to a crash. When this happens, any passenger may be deemed partially or entirely liable for the resulting damages.

This might seem surprising, but understanding how liability works in these situations may shed some light on why and when a passenger might be held responsible.

Passenger liability often hinges on the principle of negligence. Negligence is when someone fails to exercise reasonable care, and that action or inaction results in harm to others. If a passenger’s behavior is considered negligent, and it can be proven that their behavior contributed to a car accident, they can be held liable for the damages they caused.

When Can a Passenger Be Held Liable?

There are several situations that might lead to a passenger being considered liable for a car accident.

Some common scenarios include:

• Distracting the Driver: Probably the most straightforward way that a passenger might be held responsible is if they actively distracted the driver. If a passenger yells or physically interferes with the driver’s ability to safely operate their vehicle, they could (rightly) be found liable for the accident that followed. The distraction they caused could have impaired the driver’s concentration, reaction time, or even their ability to see or to keep their hands on the wheel, all of which increased the risk of a collision.
• Encouraging Reckless Behavior: Passengers can sometimes be a bad influence, as well. If a passenger encouraged the driver to speed, run a red light, or in other reckless behaviors, they might end up sharing liability if those actions lead to an accident. A passenger’s words or actions can be considered as contributing factors, especially if it’s clear the driver was influenced by them.
• Interfering with Vehicle Operation: Obviously, if a passenger grabs the steering wheel, pulls the emergency brake, or otherwise interferes with control of the car, they could be found partially or even entirely responsible for an accident. Their actions directly impacted the driver’s ability to operate the vehicle safely, making the decision to assign liability to the interfering passenger more reasonable.
• Failing to Help Prevent a Dangerous Situation: In rare cases, a passenger might have a duty to help prevent a dangerous situation. If, for example, a sober passenger willingly lets an intoxicated person drive, they could be held partially liable for any accident that happens due to impaired driving. This is because the passenger had a chance to prevent the dangerous situation and failed to take reasonably appropriate action.

Maryland’s Contributory Negligence Rule

To fully understand passenger liability, it’s crucial to consider Maryland’s contributory negligence law.

Unlike most states that follow a comparative negligence approach, Maryland adheres to a strict contributory negligence rule that can significantly impact the assigning of liability in car accidents.

Per contributory negligence, if an injured party is found to be even 1% at fault for the accident, they may be barred from recovering any compensation for injuries or damages. The contributory negligence rule applies to passengers just the same as it does to drivers.

In other words, if the passenger’s actions contributed to the accident, they might be unable to recover damages, even if the driver was primarily at fault. Conversely, if a passenger’s negligence played a role in causing the accident, they could be held liable for injuries or damages suffered by others.

Legal Implications for Passengers

Being a passenger who’s found liable for a car accident can have serious legal and financial consequences. If it’s decided that the passenger’s actions were negligent, they could be held responsible for compensating any injured parties, paying for any property damage, or covering other costs resulting from the accident.

This could also lead to expensive lawsuits, especially if there are severe injuries or if multiple parties are hurt.

Passengers can also find themselves in serious legal trouble if they knowingly get into a car with an impaired driver, or if they contribute to reckless behavior that leads to injury or loss. For example, if a passenger were to encourage a driver to participate in an illegal street racing and it leads to an accident, both the driver and passenger may face criminal charges.

How Insurance Comes into Play

In Maryland, insurance policies can also complicate the issue of passenger liability.

If a passenger is found liable for an accident, their auto insurance policy might come into play, especially if their coverage includes personal liability or if they’re the owner of the vehicle involved in the accident.

The driver’s insurance policy might also try to shift some or all of the blame to the passenger if they believe the passenger’s actions contributed to the accident. As a passenger, you should also be aware that, in most cases, you’re covered under the driver’s insurance policy as long as you’re not at fault.

This can help with paying related medical bills and other expenses. However, if your negligence played a role in the accident, the insurance company will likely try to deny your claim or seek reimbursement.

While it’s uncommon for passengers to be held liable for car accidents in Maryland, it’s not impossible.

If a passenger’s actions contribute to an accident, they could face legal and financial consequences.

If you or a loved one has been injured in a vehicle accident and you suspect that a passenger in the other vehicle might have played a part in the crash, it’s important to let your attorney know so that they can consider the potential liability of that passenger.

One of our expert car accident lawyers at Belsky & Horowitz, LLC can help you get justice and fair compensation for your injuries.

Contact us today for a free consultation.