In California, joint and several liability laws pertain to who is at fault in an accident when there are two or more drivers. The fact is that plenty of accidents are the fault of two or more drivers. Even the best drivers are prone to making the occasional minor mistake that at least partially contributes to a collision. The attribution of fault is especially important in shaping the fate of the injured party. California’s doctrine of joint and several liability addresses this issue.
An Explanation of California’s Doctrine of Joint and Several Liability
For the state’s joint and several liability doctrine to apply to an accident, a minimum of two drivers must have failed to provide due care for others on the road. The failure of a party to provide the appropriate level of care to others is referred to as negligence. Moreover, the driver’s negligence and/or actions must have played a role in causing the injury.
If the conditions listed above are not met, the doctrine of joint and several liability does not apply. If the conditions are met, the drivers who are at fault have the potential to be found jointly and severally liable for the crash and ensuing economic damages.
The Significance of Joint and Several Liability
Joint and several liability in California essentially means that a person or party that suffers an injury is empowered to pursue alleged wrongdoers for full judgment even if the wrongdoer was not fully responsible for the ensuing harm. In turn, the negligent party is empowered to pursue legal recourse against others who share fault for the accident. The percentage of damages that they are proportionally responsible for will be determined.
California lawmakers qualified the joint and several liability doctrine to strictly apply to economic damages, meaning those that are monetary. Everything from the cost of causally related medical care and durable medical equipment to property damage and lost wages falls under the umbrella of economic damages. However, joint and several liability in California does not apply to non-economic damages. Examples of non-economic damages include emotional distress, lost companionship, and pain.
Let’s take a quick look at an example of the joint and several liability doctrine to help injured parties better understand how it is put into action. Steve and Lisa are driving toward an intersection. Both drivers are distracted and run their respective stop signs, entering the intersection and crossing traffic. The vehicles collide with Tina’s automobile in the middle of the intersection. Tina endured significant injuries and damage to her vehicle. Tina’s injuries are severe to the point that she cannot work. Tina takes legal action, hiring a personal injury attorney to file a lawsuit.
As the injured victim of others’ negligence, Tina’s legal options are as follows:
- Sue Steve to collect damages
- Sue Lisa to collect damages
- Sue Lisa and Steve, setting the stage for the jury to allocate fault accordingly
The caveat to the options listed above is that damages awarded by a jury might not be payable to the defendant(s). The collection of damages hinges on the defendant(s) ability to pay.
Fast forward to the trial. The jury decided that the accurate total of medical bills that are causally related to the accident amounts to $70,000. The jury also determined Tina lost $25,000 in wages. Moreover, the jury concluded the accurate total of damages to Tina’s vehicle amounts to $5,000.
Jurors assign Lisa 90% at fault for the crash and Steve 10% at fault. However, Lisa is currently underemployed, destitute, and failed to obtain auto insurance before the crash. The silver lining for Tina is Steve earns six figures per year.
If Tina sues both Lisa and Steve and attempts to enforce the jury’s awarded judgment against Lisa, it will be difficult to obtain that money. Lisa lacks sufficient cash to cover her share of the aggregate damages. Though there is the potential for those found guilty of negligence to sell their assets to cover the cost of ensuing damages, Lisa lacks assets of value.
The California joint and several liability doctrine empowers Tina to strictly pursue Steve, forcing him to provide compensation for all economic damages stemming from the injury. Tina’s lost wages, medical expenses, and vehicle damage are all considered economic damages. As a result, there is the potential for Tina to recover the entirety of the $70,000 of damages from Steve. In turn, Steve is legally empowered to pursue the percentage of damages attributed to Lisa.
Obtain Legal Guidance ASAP
The California joint and several liability doctrine exemplifies the complexity of the state’s laws and overarching legal system. Navigating this complex maze on your own is not your best course of action. Piecing together the legal puzzle is even more challenging when fault for an accident is shared between multiple drivers. Our personal injury lawyers are here to help injured parties maximize their financial compensation.
If you have been hurt in a car crash or any other incident or know someone who has been victimized, be proactive and seek legal counsel as soon as possible. Personal health should be your top priority in the aftermath of a crash. Once your injuries have been treated and addressed, your first call should be to an auto accident attorney in California. Our personal injury attorneys will review your case, determine if filing a lawsuit is prudent, and proceed accordingly at your direction.
FAQs
What is joint and several liability?
California joint and several liability allows an injured party to take legal action against negligent parties for the entire value of a judgment even if one of those parties was not completely responsible for the harm. Negligent parties are also empowered to take legal action against others responsible for the accident to obtain damages for their respective share of fault. However, the damages available through the California joint and several liability doctrine are strictly economic.
Choose the Right Car Accident Attorney
For help, contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.