Author: trimle

The State of California follows at-fault negligence laws. This means that an injured person in a car accident must prove the liability of another party in order to recover compensation. It is easier when liability is clear and one party accepts full liability and pays for the economic and non-economic damages of an injured driver or passenger. (It is still advisable to have an attorney working on your side to make sure you receive everything you are entitled to). Economic damages are any monetary losses including medical expenses, loss of earnings, and other out of pocket proven expenses. Non-economic damages or non-monetary losses such as compensation for pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium and other damages that do not have a specific dollar amount attached. When liability is not clear, then it may become more complicated to determine who should pay for the damages incurred. As a passenger, in situations when liability is not clear, you may be able to collect from the insurance of the car you were a passenger at or the other insurance of the car involved in the accident, based on California Civil Code §1431, Joint and Several Liability.

 “Joint and several liability” comes into play in a personal injury lawsuit involving negligence causes of action or an intentional tort asserted against multiple defendants. Joint and several liability allows a plaintiff to sue for and recover the full amount of recoverable damages from any defendant, regardless of a particular defendant’s percentage share of fault. “One of the principal by-products of the joint and several liability rule is it frequently permits an injured party to obtain full recovery for his injuries, even when one or more of the responsible parties do not have the financial resources to cover their liability.” (American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578, 590.)

Proposition 51, which was adopted in California 1986, provides: “in any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant’s percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.” California Code of Civil Procedure§ 1431.2(a). Proposition 51 has been described as a “compromise measure” that “sought to balance the interests of injured parties who have sustained considerable damages caused by several tortfeasors, one or more of which is insolvent, against unfairness” of the old rule, which often resulted in “a minimally culpable tortfeasor being held liable for the entirety of a plaintiff’s damages.” Thomas v. Duggins Construction Co., Inc., 139 Cal. App. 4th 1105, 1110 (Cal. Ct. App. 2006). This means that Joint Liability is an obligation imposed on both parties and the injured person may collect the full amount of economic damages from both or one of the parties, as long as the total collected is not more that 100% of the economic damages. Several Liability is the obligation of each party to pay for non-economic damages based on the percentage of actual fault. For example:  the injured passenger, can sue each driver connected to the accident for a certain percentage of non-economic compensation. One driver may be liable at 75 percent, while another is liable for 25 percent for compensation to a passenger’s injuries.

The Uninsured Driver

If a driver in a car in which you were a passenger, was at fault but he did not have the proper insurance coverage, you, as the injured passenger, may still recover for your medical bills incurred as a result of the accident. The Law Office of Eduard Braun, P.C. will inform you of all the options available to you under California Law and according to your specific circumstances. Moreover, if the at fault driver does not have insurance coverage, the driver may be able to recover his economic damages, medical bills from the other party.

Important Things to Know

If you are an injured passenger in a vehicular accident, never try to connect with the liable insurance companies yourself. Hire a personal attorney who can explore all options available to you and advise you on the best course of action. Let the attorney deal with the insurance companies on your behalf. In case of death, your surviving family members can act to recover losses, based on California’s wrongful death laws, using a personal injury attorney. You may also need to have a will or trust set up that defines family members and inheritors.

Call the Law Office of Eduard Braun, P.C. to get assistance with your case if you have been injured in a vehicular accident. Offering a free consultation to give the help you need. 
Toll free: 877-533-4LAW or 818-796-4LAW (4529).