Who To Sue After Car Crash

Anderson Franco Law

Do you know who to sue after a car crash? Car accidents can be complex legal situations involving various parties, and it’s crucial to know your rights and potential defendants for pursuing compensation. Our office has represented personal injury victims in San Jose, California. We often receive questions regarding who to sue after a car accident. Here we share some information on identifying parties. .

1. The Driver of the Other Car

Primary Defendant for Negligence or Reckless Driving

When the other party is at fault due to negligence or reckless driving, they become the primary defendant. This includes scenarios such as speeding, impaired driving, or failure to adhere to traffic laws.

Negligence means they didn’t drive as carefully as they should have. This could mean doing things like texting while driving or not following traffic rules. Reckless driving is even worse. It’s like they knew they were being dangerous but didn’t care. Speeding a lot, driving drunk, or completely ignoring the rules are examples of reckless driving.

In the world of laws and courts, calling someone the primary defendant is like saying, “Hey, you’re mostly responsible for what happened, and we need to sort this out.” This is super important if the other person’s actions caused harm or damage. To prove they were at fault, you’d need evidence—like what people saw, videos from traffic cameras, or reports from the police.

The goal here is to make sure the person who caused the trouble takes responsibility for it, especially if others got hurt. This is how the legal system works to make things fair on the roads.

2. Owner of the Vehicle

In California, the owner of a vehicle is generally not held responsible for the actions of the driver unless the owner was somehow negligent or knowingly entrusted the vehicle to someone unfit to drive. California law usually places liability on the person operating the vehicle rather than the owner, unless specific circumstances warrant otherwise. It’s essential for vehicle owners to ensure that they are not negligently entrusting their vehicles to individuals who pose a risk.

3. Employer of the Driver of the Other Car

Accountability Under “Respondeat Superior”

If the accident occurred while the driver was on the job, the employer could be held accountable under the legal principle of “respondeat superior,” which translates to “let the master answer.”

4. Car Manufacturer

Liable for Manufacturer Defects

Car manufacturers can be held responsible for a car crash if the accident is caused by a defect in design, manufacturing, or if there’s a failure to warn about potential risks. This includes situations where there are defects in the vehicle’s design or manufacturing process, or if the manufacturer fails to provide adequate warnings. Additionally, a manufacturer may be liable if they are aware of a defect but fail to issue a timely recall. If you suspect a defect played a role in a crash, consulting with a personal injury attorney is advisable.

5. Repair Shop

Responsibility for Inadequate or Misguided Repairs

A mechanic can be held liable for a car crash if they were negligent. If the mechanic fails to properly fix or maintain a vehicle, leading to a mechanical failure that causes an accident, they may be held responsible. This could include issues such as improperly repaired brakes, faulty steering, or other mechanical failures. directly related to the work performed by the mechanic. It’s important to establish a clear link between the mechanic’s actions or negligence and the cause of the crash to determine liability.

6. Government Entity

Filing Claims for Hazard-Related Accidents

Consider suing the government after a car crash. When hazards like potholes, missing signs, or inadequate highway design contribute to the accident, you may file a claim against the government entity responsible for road maintenance. Note that suing a government entity involves specific procedures and tight deadlines.

Navigating these intersections of law and liability requires an informed ally, and our San Jose, California firm stands ready to provide the guidance you need. Whether it’s understanding your rights or building a robust legal strategy, we are committed to being your partner in seeking justice and fair compensation. Contact us today to discuss your case and let us help you navigate the path to recovery.

Client Reviews

I don’t know jack about law, let alone how to navigate my way through any of it. Anderson was beyond helpful and patient with me as we both dealt with a bs lawsuit. I can’t recommend him enough, and I wouldn’t waste my...


I had the pleasure of speaking with Anderson and he was super friendly and helpful and took the time to talk through and explain the various issues at play with my situation. His type of service is one that is most often...


Attorney Franco is kind and understanding. He is knowledgeable and patient to us explaining every detail of what we have to do. He will support you all the way. Thanks again Attorney.


Our Location

San Francisco Office
1 Embarcadero Ctr

San Francisco, CA 94111

Get in Touch

Fill out the contact form or call us at (415) 727-1832 to schedule your free consultation.

  • phone.png Free Consultation
  • Frame.png No Obligation Case Evaluation
  • No-Fee.png Millions Recovered for Our Clients

Contact Us Now For a Free Case Evaluation