What Remedies Are Available to Injured Passengers If a Commercial Truck Driver Is at Fault?

When you’re behind the wheel of a commercial truck, safety is always the priority. But accidents can happen—even to the most experienced drivers. And when your passenger is a friend or family member, the situation becomes even more emotionally complicated. If you were at fault for the crash, you may wonder what options are available to your injured passenger and whether they can pursue legal remedies—especially when you never intended harm.

At SG Legal Group, we understand the sensitive nature of these cases. Here’s what commercial truck drivers need to know about the legal remedies available to injured passengers, how fault is determined, and what protections may exist for both drivers and their loved ones.

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Can an Injured Passenger Sue the Truck Driver?

Yes. In Maryland and most other states, passengers injured in a truck accident—regardless of their relationship to the driver—may be entitled to compensation if the driver is at fault. This includes passengers who are:

• Friends

• Family members

• Co-workers

• Non-paying riders

Injured passengers have the legal right to file a personal injury claim against the driver (and, often, the driver’s employer or insurance company) for damages such as:

• Medical expenses

• Lost wages

• Pain and suffering

• Long-term rehabilitation

• Permanent disabilities

Even though the at-fault driver may be a loved one, the claim is generally filed through an insurance policy, not as a personal attack against the individual. If a lawsuit eventually needs to be filed, the insurance policy will provide legal representation to the driver and will make any payment awarded, up to their policy limit, assuming there is valid coverage.

Who Pays for the Passenger's Injuries?

Typically, the commercial truck driver’s insurance policy or their employer’s insurance carrier will cover the passenger’s injury claim, depending on the vehicle's ownership and use at the time of the accident.

1. Trucking Company Insurance (If Employed)

If you’re a truck driver working for a company, your employer’s commercial auto insurance policy usually applies. This coverage is designed to compensate third parties—including passengers—for injuries caused by a company driver acting within the scope of employment.

2. Personal Auto Insurance (If Using a Personal Truck)

If you were driving your own vehicle for non-commercial reasons, and a friend or family member was injured as a passenger, your personal auto liability insurance may be responsible for covering their injuries.

3. MedPay and PIP (Personal Injury Protection)

Some auto insurance policies include MedPay or PIP coverage, which pays for medical expenses regardless of fault. These benefits may be available to the injured passenger up to a certain limit.

What if the Passenger Is a Family Member?

Many drivers worry that their insurance won’t cover injuries to family members. In Maryland, intra-family immunity—which historically prevented family members from suing each other—has largely been abolished in auto accident claims.

Maryland Law Allows Family Member Claims

Today, Maryland courts generally allow injured family members to bring claims, provided the driver has sufficient liability insurance. There may be exclusions for certain types of household relatives depending on the insurance policy, but passengers who are not named insureds under the same policy are typically covered.

If your spouse, child, or sibling is hurt while riding as a passenger and you are at fault, they can still seek compensation—usually through your insurance company, not directly from you.

Is It Worth Filing a Claim?

Yes. Even if the driver and passenger are close friends or relatives, an injury can result in serious financial burdens—from ambulance bills to lost income. Filing a claim ensures:

• Timely access to medical care

• Compensation for out-of-pocket costs

• Protection of the driver’s and passenger’s financial interests

In most cases, passengers are not filing claims to "blame" the driver—they're seeking help to recover from injuries that require months, sometimes years, of treatment. Insurance exists precisely for these situations.

Can the Passenger File a Lawsuit Against the Trucking Company?

Absolutely—especially if the truck was owned by the company and you were acting within the course of your employment. A claim can be brought against:

• The driver, for negligent operation of the vehicle

• The trucking company, under vicarious liability

• The truck manufacturer or maintenance provider, if a mechanical defect contributed

It’s also possible that the trucking company failed to maintain the vehicle or pushed you to drive excessive hours, which may create a shared liability scenario.

Defenses That May Limit a Passenger’s Recovery

While passengers usually have strong claims, certain defenses can impact their ability to recover full compensation:

• Contributory Negligence (Maryland is a contributory negligence state): If the passenger’s own actions contributed to their injuries—such as distracting the driver or purposely pulling on the steering wheel—they may be barred from recovery entirely.

• Assumption of Risk: If the passenger knowingly rode in a dangerous vehicle or with a driver under the influence, insurers may argue they accepted the risk, potentially reducing or eliminating their claim.

Because Maryland adheres to one of the strictest negligence rules in the country, it’s crucial to consult with a personal injury lawyer quickly after the accident.

What Should a Truck Driver Do After an Accident With an Injured Passenger?

1. Report the Accident Immediately: Contact local law enforcement and notify your employer or insurer.

2. Cooperate with the Investigation: Provide accurate information about the accident.

3. Inform the Passenger of Their Rights: It’s okay to let your friend or family member know they may be able to file a claim. Encourage them to speak with a lawyer.

4. Avoid Discussing Fault: Let the insurance companies and attorneys determine liability.

5. Consult Legal Counsel Yourself: If you’re worried about liability or employment repercussions, a lawyer can protect your rights, too.

Why Compassion and Clarity Matter

We understand that being in an accident involving someone you care about is extremely difficult. As a commercial driver, you never expect to hurt a friend or loved one—but injuries can occur even when you’re trying to do everything right. Fortunately, the law provides a path to healing—for everyone involved.

At SG Legal Group, we are here to help your injured passenger recover. We offer free consultations to review the case, explain the legal options, and handle the communication with insurance companies—so you and your loved one can focus on recovery.

Contact SG Legal Group Today

If your friend or family member was injured in a truck accident where you may have been at fault, don’t let them wait to get help. Our experienced personal injury attorneys in Towson, Maryland can guide your friend or family member through the process with compassion and clarity.