What if more than one person caused my injury?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalMore than one person can share fault. More than one business can too. How they split the payment depends on the kind of loss and the law.
In this guide
Here’s an example
Two drivers make unsafe moves. Both moves help cause one crash.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
Civil Code § 1431.2 generally makes each defendant’s noneconomic damages responsibility depend on that defendant’s percentage of fault in covered cases. It does not make every type of damage several.
Legal references: [1] Civil Code § 1431.2 — Noneconomic damages and fault · [2] CACI No. 400–401 — Negligence and the standard of care (2026 edition)
What can change the answer?
Bills and pain may follow different payment rules. Each party’s share of fault matters for some losses. Policy limits can also affect what you collect.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
American Motorcycle Assn. v. Superior Court
Supreme Court of California · 1978
20 Cal.3d 578, pp. 583–584, 598
The court let people who shared blame seek a fair split of the loss from one another.
Later laws changed some of these rules. Do not use this case alone to divide damages for pain or other nonfinancial harm.
DaFonte v. Up-Right, Inc.
Supreme Court of California · 1992
2 Cal.4th 593, pp. 600–604
Each defendant’s share of noneconomic harm was tied to its share of fault. That type of harm includes pain.
Financial losses follow different rules. The case also involved an employer that could not be sued for the same harm.
Case applicability reviewed as recorded above.
A useful next step
Keep the names of all parties involved. Save proof of what each one did.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Civil Code § 1431.2 — Noneconomic damages and fault ↗Statute · Review recorded above
- CACI No. 400–401 — Negligence and the standard of care (2026 edition) ↗Jury instructions · Review recorded above
- American Motorcycle Assn. v. Superior Court (1978) 20 Cal.3d 578 ↗Case law · Review recorded above
- DaFonte v. Up-Right, Inc. (1992) 2 Cal.4th 593 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.