What if two or more people are at fault for the same accident?
If two or more people are at fault for the same accident in California, then the amount of damages each person is liable for is determined by the percentages of fault. This is known as "comparative negligence." In California, courts have determined a maximum limit of 50 percent for each person at fault. That means if one person is more than 50 percent at fault and the other less, the person with the lower amount of fault is generally entitled to compensation. When two or more people are found to be at fault in a car accident, each person may file a claim against the other/others. Each party must prove that they were less at fault than the other/others. Depending on the particular facts of the case, a court may determine that both parties are equally at fault. In such a case, each party is generally found liable for their own damages. In California, courts must determine the amount of negligence on all the parties involved in the accident and divide the damages accordingly. The court must use objective criteria and evidence to make the determination. They often consider witness testimonies, insurance reports, medical reports, and other evidence to make an informed decision. Ultimately, if two or more people are at fault for the same accident and the court is unable to determine the percentage of fault for each, then they may decide that each person is equally at fault. In this case, each party is liable for their own damages and the court will not award any compensation.
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