Most car accidents are settled without having to take legal action, but not all are. At times, you may need to put additional pressure on the at-fault party and sue for a fair settlement, but who exactly do you sue? The answer is not always clear, as it depends on the details of the accident, who was at fault and how insurance coverage applies.

Your personal injury attorney is in the best position to guide you through a car accident lawsuit and ensure you receive a fair outcome, but at a high level, here’s a breakdown of who you may be able to hold legally and financially responsible after a Texas car accident.

The At-Fault Driver

In most cases, the driver who caused the accident is the primary party you can sue. Texas is an at-fault state,which means the driver responsible for the crash (and their insurance company) is responsible for paying for injuries, vehicle damage and other losses. Examples of at-fault driver behavior that may lend itself to a lawsuit include distracted driving (e.g., texting), speeding or reckless driving, running a red light or failing to yield, and driving under the influence.

The At-Fault Driver’s Insurance Company (Indirectly)

While you technically file the lawsuit against the at-fault driver, it’s usually their insurance company that pays the settlement up to the policy limit. If their insurance coverage is inadequate, you may also be able to seek compensation through your own underinsured/uninsured motorist coverage (UM/UIM) or a personal injury lawsuit for the difference.

An Employer or Commercial Entity

If the person who hit you was driving for work, such as a delivery driver or truck operator, you may be able to sue the company they work for or a third-party contractor or fleet operator.

Texas law allows you to pursue compensation from employers under certain conditions, especially if poor hiring practices or lack of vehicle maintenance played a role.

Other Possible Parties

Some accidents involve multi-car collisions or defective roads or vehicles. Depending on your case, there may be other potential parties to sue, such as a government agency for poor road maintenance or a vehicle manufacturer for defective parts (e.g., brakes or airbags). Each case is unique. Your attorney will investigate all possible sources of liability to maximize your recovery.

Contact Us at McKinney Vos PLLC

If you’re asking the question of who to sue, chances are you’re dealing with a serious accident and need an experienced attorney at your side. A skilled personal injury attorney can identify the correct party (or parties) that are at fault to sue, collect evidence and handle the legal process for you, so you are not left facing the insurance company alone.

If you are injured in an auto accident in Austin, Texas, contact our office at McKinney Vos PLLC right away. We offer free consultations and work on a contingency fee basis, which means you don’t pay a thing unless we win your case.