What is the test for joint and several liability in a motor vehicle accident?

California, United States of America


The following excerpt is from Armstrong World Industries, Inc. v. Aetna Casualty & Surety Co., 45 Cal.App.4th 1, 52 Cal.Rptr.2d 690 (Cal. App. 1996):

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 noneconomic 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.)

Other Questions


What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
What is the joint and several liability of defendants in a motor vehicle accident involving a minor? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
Does joint and several liability apply in a motor vehicle accident? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
What is the test for joint and several liability in a motor vehicle accident? (California, United States of America)
In a motor vehicle accident case, how have the courts interpreted the standard factor (a)-(b) and (b) instruction in determining the severity of the accident? (California, United States of America)
Does a "driver" for purposes of Vehicle Code section 20002 include an owner of a vehicle involved in a accident when the owner is also a passenger in the vehicle at the time of the accident? (California, United States of America)
Does a finding of absolute liability in a motor vehicle accident constitute absolute liability? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.