A car accident can cause serious physical, emotional, and financial harm. When another party’s negligence is to blame, California law allows victims to seek justice through civil lawsuits. Filing a civil lawsuit will enable you to hold the responsible parties accountable and recover compensation for your losses.
But who exactly can you sue? The answer is not always limited to the other driver. Depending on the circumstances, multiple individuals or entities may be legally responsible.
In this article, we will break down who can be sued in a civil lawsuit after a car accident, how the process works, and how an experienced attorney can help you navigate your case.
Understanding Civil Lawsuit After a Car Accident
A civil lawsuit is a legal action filed by an individual (the plaintiff) against another individual or entity (the defendant) to recover monetary compensation for harm caused by negligence or misconduct. Unlike a criminal case, which seeks to punish the offender, a civil case aims to compensate the injured party.
Civil lawsuits are typically based on negligence in the context of car accidents. To succeed, you must show that the defendant had a duty to drive safely, breached that duty, and caused your injuries. Damages may include medical bills, lost wages, property damage, and pain and suffering.
Filing a civil lawsuit is not always necessary. Many cases are settled through insurance negotiations. However, if the at-fault party refuses to pay a fair amount or has multiple layers of liability, a lawsuit may be your best path to justice.
The At-Fault Driver
The most obvious person to sue in a car accident civil case is the driver who caused the crash. California law requires drivers to operate their vehicles safely and follow traffic laws. If a driver fails to meet this standard by speeding, texting, running a red light, or driving under the influence, and that failure causes an accident, they can be held legally responsible.
In some situations, the fault may be shared. California follows a comparative fault rule, which allows injured parties to recover damages even if they were partially at fault. However, their compensation is reduced by their percentage of responsibility.
An experienced Los Angeles car accident lawyer will evaluate your case to determine whether the other driver’s negligence caused the crash and what compensation you are entitled to.
If the at-fault driver was working during the accident, their employer might also be liable. This is based on the principle of vicarious liability, which holds employers responsible for the actions of employees acting within the scope of their employment.
For example, if a delivery driver causes a crash while on duty, the delivery company can often be named in the lawsuit. This also applies to commercial drivers such as truckers, ride-share drivers, and utility workers. Employers may also be liable if they fail to train or correctly supervise the driver.
Suing an employer may significantly increase the amount of available compensation, as businesses usually carry larger insurance policies than individuals.
Vehicle Owners and Third Parties
In some cases, the at-fault driver is not the vehicle’s owner. If someone lends their car to another person known to be a dangerous or unlicensed driver, the owner may be held liable under a theory called negligent entrustment.
For example, if a parent knowingly lets their unlicensed teenager drive and the teen causes an accident, the parent may be named in a civil lawsuit. Similarly, if a friend lends their car to someone they know has a history of reckless driving, they could also be held liable.
Other third parties that may be sued include:
- Auto manufacturers: The manufacturer can be held responsible if a vehicle defect contributed to the accident.
- Mechanics and repair shops: The mechanic may be liable if poor maintenance or faulty repairs led to the crash.
- Government agencies: The city or county may be sued if dangerous road conditions or poor signage contributed to the accident.
Identifying all potentially liable parties is crucial to maximizing your compensation. A car accident attorney in Los Angeles can conduct a full investigation and uncover all responsible individuals or entities.
Insurance Companies and Policy Limits
In most cases, the actual payment in a civil lawsuit comes from the defendant’s insurance company. Although you do not sue the insurance company directly, it plays a central role in defending the claim and paying any judgment or settlement up to the policy limits.
However, problems arise when the at-fault driver lacks insurance to cover your losses. California requires drivers to carry minimum liability coverage, but serious injuries can easily exceed those limits.
If this happens, you may have the option to:
- File a claim against your own uninsured or underinsured motorist coverage
- Sue the driver personally for the excess amount
- Explore other responsible parties, such as employers or third parties
Your attorney will evaluate all sources of compensation to ensure your losses are covered as fully as possible.
Multiple Defendants and Comparative Fault
Some car accidents involve more than one negligent party. For example, two drivers may have contributed to a multi-vehicle pile-up. Or a crash may involve both a distracted driver and poor road maintenance.
In these situations, California’s comparative fault law allows you to name multiple defendants in your civil lawsuit. Each party is responsible for paying damages according to their percentage of fault.
Let’s say you are awarded $100,000, and the court finds Driver A 70 percent at fault and Driver B 30 percent at fault. Driver A would be liable for $70,000, and Driver B would owe $30,000.
This approach allows plaintiffs to recover fair compensation, even in complex cases. It also ensures that all responsible parties are accountable for their role in the accident.
When to File a Civil Lawsuit and Why Legal Help Matters
In California, the statute of limitations for most car accident civil lawsuits is two years from the accident date. If you miss this deadline, you lose your right to sue, no matter how strong your case may be.
There are exceptions. For example, if the defendant is a government entity, you may have only six months to file a notice of claim. If the injured person is a minor or mentally incapacitated, the deadline may be extended.
Hiring a skilled attorney early on ensures your case is filed on time and handled correctly. A car accident lawyer in Los Angeles can:
- Identify all liable parties
- Collect and preserve critical evidence
- Calculate the full value of your damages
- Handle communications with insurance companies
- Negotiate a fair settlement or take your case to court if needed
Civil lawsuits are legal battles. To win, you need a legal professional who understands California law, civil procedure, and insurance tactics. Without a lawyer, you risk being undercompensated or losing your case entirely.
File the Right Lawsuit, Name the Right Defendants
If you were injured in a car accident and believe another party is responsible, do not wait for legal action. At LA Injury Lawyers, we help clients across California pursue civil lawsuits against negligent drivers, employers, vehicle owners, and other liable parties. Our goal is simple: protect your rights and maximize your recovery.
Recent Results:
- $11 Million Settlement – Brain injury victim
- $10 Million Settlement – Car accident victim
- $8.2 Million Settlement – Motorcycle accident victim
- $7 Million Settlement – Back injury victim
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We offer free evaluations and charge no legal fees unless we win your case.
Frequently Asked Questions (FAQs)
- Who can I sue after a car accident?
You may sue the at-fault driver, their employer, the vehicle owner, or other third parties who contributed to the crash. - What is the role of insurance in a civil lawsuit?
The defendant’s insurance typically pays the settlement or judgment, but only up to the policy limits. - Can I file a civil lawsuit if I was partially at fault?
Yes. California follows a comparative fault rule, so you can still recover damages, reduced by your percentage of fault. - How long do I have to file a civil lawsuit after an accident?
You usually have two years from the date of the accident, but exceptions apply. - Do I need an attorney to file a civil lawsuit?
Yes. An experienced attorney helps you identify the right defendants, file on time, and fight for maximum compensation.
If you have more questions about your legal options, contact LA Injury Lawyers today. We are ready to help you take the next step toward justice.
