If a passenger wants to file a claim for indemnity against the intoxicated driver, must they implead the driver immediately?

The correct response to whether a passenger must implead the intoxicated driver immediately for a claim of indemnity is rooted in the language and purpose of Rule 14(a) of the Federal Rules of Civil Procedure. This rule provides that a party may bring in a third-party defendant if that party’s liability may depend on the outcome of the main action. The use of the word "may" indicates that the decision to implead is discretionary and not mandatory.

In the context of the scenario, the passenger can choose to bring a claim against the intoxicated driver but is not required to do so immediately. This flexibility allows the passenger to assess their claims and the situation fully before deciding to implead the driver. The implementation of the rule allows for strategic decisions regarding litigation and the management of multiple claims that may arise.

By understanding Rule 14(a) clearly, it becomes evident that a passenger can pursue other avenues of recovery without necessarily having to implead the driver right away, aligning with the correct answer. Other options may inadvertently impose undue pressure on the passenger to act hastily or suggest that they have no choice in the matter, which is not supported by the procedural rules.