What action must a passenger take to sue the intoxicated driver after suing the owner for a car crash?

The correct response indicates that the passenger should file a claim against the driver for indemnity and then sue. This approach is grounded in the legal principle that, when a plaintiff has a claim against multiple parties arising from the same set of circumstances (such as a car crash), they can seek indemnity from a party that may be fully or partially responsible for the damages.

In this context, the passenger has already initiated a lawsuit against the owner of the vehicle, perhaps focusing on the owner's liability as the vehicle's registered owner. However, since the intoxicated driver played a direct role in the crash and may be primarily responsible for the incident, the passenger can file a separate claim against the driver for indemnification. This means the passenger is not just claiming damages directly, but also positioning themselves to recover from the driver based on the driver's actions that contributed to the crash. Following that claim, the passenger can then proceed to sue the driver directly to seek redress for their injuries or damages incurred during the accident.

This method allows for better management of the claims and ensures that the passenger is addressing all potential sources of liability stemming from the same incident, thereby making sure to hold the right party accountable. It also illustrates the legal strategy of ensuring that all parties who contributed