WHAT IF MULTIPLE PARTIES JOINTLY CAUSED THE ACCIDENT?
If a single tortfeasor can be shown to be solely and completely at fault for causing the accident, he or she will be one hundred percent liable and fully responsible for all reasonable and foreseeable damages which you are legally entitled to recover. If another, separate third party has also behaved negligently and thus contributed to the occurrence, liability for your non-economic damages will be apportioned between them in direct proportion to their respective degree of fault. (However, they will remain “jointly and severally” liable to you for all of your economic damages, meaning that you can collect your total economic damages from them in any combination of amounts that is available.) Finally, if you are found to be partially at fault for causing the accident, or for failing to mitigate your damages afterwards, your entitlement will be reduced accordingly.
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