Some California drivers may know that more than one motorist can be found at fault in an accident. The fault may be divided up into percentages for each driver involved, and drivers would have to accept a certain percentage of liability for the economic damages involved.
California’s Civil Code (CIV) also explains that the non-economic damages in an accident might also be divided between careless drivers. Non-economic damages might include the pain that victims are forced to endure, and the loss of enjoyment of life injury restrictions cause.
Several Liability for Non-economic Damages
(a) 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.
Pain and Suffering Damages When More Than One Driver Is at Fault
Car accidents can have devastating consequences for victims. Cars can be smashed, hospital bills come due, and injuries can take a major toll on the victim’s life.
In a car accident claim, the damages are generally divided into two categories: economic damages, like the doctor bills and the lost income while victims miss work. There’s also the non-economic, or pain and suffering damages.
In many accidents, the at-fault driver would be liable for helping victims with these damages. But what if more than one driver’s mistake contributed to the accident?
California follows the legal concept of “comparative negligence.” It means that more than one driver can share the blame in an accident. The fault might be divided up between two, three, or more drivers who may have all made unsafe decisions. Every driver who contributed receives a percentage of blame.
It also means that victims, even if they were found partially responsible, could seek injury compensation if any other driver were at least partly at fault. An at-fault driver could receive financial support for economic and non-economic damages, but the award would be reduced by the percentage of fault the victim had to accept.
Who Covers Pain and Suffering Damages in a Car Accident?
California drivers who contribute to accidents will be responsible for the financial costs forced upon victims. That would include the medical expenses for as long as recovery takes. It should mean the replacement of any paychecks victims miss while unable to work.
But what about the emotional damage and frustration an accident can cause? Civil Code 1431.2. answers this question. Reckless drivers who cause accidents and injuries are also responsible for the “pain and suffering” or non-monetary losses.
These damages can include these and other hardships:
- Support for the pain victims must endure
- The inconvenience victims are put through
- Loss of society and companionship (loss for the family when a loved one is severely injured or is killed in an accident)
- Loss of consortium (loss of intimacy with a spouse or partner)
- Injury to reputation
- Humiliation endured
- Support for the mental suffering and emotional distress victims are forced to cope with
The mental suffering and emotional distress can include many factors. The patient’s PTSD symptoms from a frightening crash can be included. The patient’s loss of enjoyment of life, perhaps having to give up hobbies and family vacations, can count. The patient’s struggles with depression and anxiety during a difficult recovery are factored in.
Contact a California Car Accident Attorney
If your accident involves a serious injury or the tragic death of a loved one, it’s an excellent idea to have an experienced lawyer on your side. It’s also helpful to have a California Car Accident Lawyer on your team when multiple drivers are involved. You don’t want to receive an unfair amount of the blame. And a skilled lawyer may be able to reduce your fault to zero percent in some cases.
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims. If you do need our help, there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
