Can I sue both the driver and owner of a vehicle that hit my cars?

UPDATED: Sep 30, 2022

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Can I sue both the driver and owner of a vehicle that hit my cars?

If 2 of my vehicles were involved, do I have to file the sue separately?

Asked on November 23, 2015 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) You can sue the driver if he/she was at fault--that is, was driving negligently or carelessly (e.g. speeding, going through stop lights or signs, texting while driving, DUI, not looking before turning or changing lanes, etc.). Liability depends on fault; a driver not a fault is not liable.
2) The owner of a car driven by an at-fault driver can be held liable, too; a car's owner is liable for the actions those persons he/she allows to drive his/her car. (If the car was stolen or otherwise taken without permission, the owner is not liable; he or she is not responsible for the actions of people who did not have his/her permission to drive.)
3) If you suing the same people for damaging both cars, you can file a single lawsuit for the total damage (e.g. total cost to repair the two cars).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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