What if more that one person caused the accident?

So what happens if you are injured in an accident caused by more than one person?

Simply put, all the parties involved in causing your accident will be held responsible.  So that means no matter who is at fault, you should eventually be compensated for your injuries.

Each party will be responsible for their proportion of fault in the accident.

WARNING: Complicated legalese follows below. Don’t read if you are easily bored.

California used to have what is called “joint and several” liability.

Joint liability = The parties are both liable up to the full amount for the obligation. For example, a husbad and wife who apply for a bank loan. They are both on the hook for the full amount.

Several liability = A fancy legal term that just means liability is proportionate. If Party A is 20% at fault, they are only responsible to pay for that 20%.

Joint and Several Liability = Allows someone to sue one party and hold them fully liable as if they were jointly liable.

California used to have joint and several liability but it was called the “deep pocket” rule because whoever had the deepest pockets would end up paying for it all. For example, if an accident was deemed to be caused 90% by the other driver, but 10% by California due to a road defect, it is likely California would pay for all of the damage caused by the accident because California has the deepest pockets.

So now California got rid of that and have ruled, for personal injury claims, several liability will be used. Each party will be responsible for their portion of fault.