Does joint and several liability apply in a motor vehicle accident?
California, United States of America
The following excerpt is from Armstrong World Industries, Inc. v. Aetna Casualty & Surety Co., 20 Cal.App.4th 296, 26 Cal.Rptr.2d 35 (Cal. App. 1993):
22 In California, as in many states, statutory modifications have been made to the doctrine of joint and several liability. Liability among concurrent tortfeasors for non-economic damages is now several--proportionate to fault, not joint. (Civ.Code, 1431.2, subd. (a).) The purpose of this change was to eliminate the unfairness of requiring a tortfeasor who was minimally culpable to bear all of the plaintiff's damages when the more culpable tortfeasor became insolvent. (Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1198, 246 Cal.Rptr. 629, 753 P.2d 585.)
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