My daughter was making a left hand turn and was already accross 1 of 4 lanes when she got hit on the drivers side while she was in already in the turn

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My daughter was making a left hand turn and was already accross 1 of 4 lanes when she got hit on the drivers side while she was in already in the turn

Who’s at fault? Apparently the state of California puts certain percentages on the fault factor. My daughter was almost 50% into her turn when the car hit her on the left hand side.

Asked on April 18, 2009 under Accident Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I don't understand.  How could a car hit her on the left? Yes, there are percentages for fault, but California is a pure comparative fault state, which means her recovery if she sued is reduced by her percentage of fault. 

No one could tell by your brief description who is at fault.  However, generally speaking, if one is turning onto another street, and the other street is going straight, depending on who had the green light, if anyone ran a red light, the person turning is usually at fault.  I.e., driver needs to make sure lanes clear before changing lanes or turning onto another street.

1431.2.  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.
   (b) (1) For purposes of this section, the term "economic damages"
means objectively verifiable monetary losses including medical
expenses, loss of earnings, burial costs, loss of use of property,
costs of repair or replacement, costs of obtaining substitute
domestic services, loss of employment and loss of business or
employment opportunities.
   (2) For the purposes of this section, the term "non-economic
damages" means subjective, non-monetary losses including, but not
limited to, pain, suffering, inconvenience, mental suffering,
emotional distress, loss of society and companionship, loss of
consortium, injury to reputation and humiliation.



875.  (a) Where a money judgment has been rendered jointly against
two or more defendants in a tort action there shall be a right of
contribution among them as hereinafter provided.
   (b) Such right of contribution shall be administered in accordance
with the principles of equity.
   (c) Such right of contribution may be enforced only after one
tortfeasor has, by payment, discharged the joint judgment or has paid
more than his pro rata share thereof.  It shall be limited to the
excess so paid over the pro rata share of the person so paying and in
no event shall any tortfeasor be compelled to make contribution
beyond his own pro rata share of the entire judgment.
   (d) There shall be no right of contribution in favor of any
tortfeasor who has intentionally injured the injured person.
   (e) A liability insurer who by payment has discharged the
liability of a tortfeasor judgment debtor shall be subrogated to his
right of contribution.
   (f) This title shall not impair any right of indemnity under
existing law, and where one tortfeasor judgment debtor is entitled to
indemnity from another there shall be no right of contribution
between them.
   (g) This title shall not impair the right of a plaintiff to
satisfy a judgment in full as against any tortfeasor judgment debtor.




876.  (a) The pro rata share of each tortfeasor judgment debtor
shall be determined by dividing the entire judgment equally among all
of them.
   (b) Where one or more persons are held liable solely for the tort
of one of them or of another, as in the case of the liability of a
master for the tort of his servant, they shall contribute a single
pro rata share, as to which there may be indemnity between them.




877.  Where a release, dismissal with or without prejudice, or a
convenant not to sue or not to enforce judgment is given in good
faith before verdict or judgment to one or more of a number of
tortfeasors claimed to be liable for the same tort, or to one or more
other co-obligors mutually subject to contribution rights, it shall
have the following effect:
   (a) It shall not discharge any other such party from liability
unless its terms so provide, but it shall reduce the claims against
the others in the amount stipulated by the release, the dismissal or
the covenant, or in the amount of the consideration paid for it
whichever is the greater.
   (b) It shall discharge the party to whom it is given from all
liability for any contribution to any other parties.
   (c) This section shall not apply to co-obligors who have expressly
agreed in writing to an apportionment of liability for losses or
claims among themselves.
   (d) This section shall not apply to a release, dismissal with or
without prejudice, or a covenant not to sue or not to enforce
judgment given to a co-obligor on an alleged contract debt where the
contract was made prior to January 1, 1988.



877.5.  (a) Where an agreement or covenant is made which provides
for a sliding scale recovery agreement between one or more, but not
all, alleged defendant tortfeasors and the plaintiff or plaintiffs:
   (1) The parties entering into any such agreement or covenant shall
promptly inform the court in which the action is pending of the
existence of the agreement or covenant and its terms and provisions.

   (2) If the action is tried before a jury, and a defendant party to
the agreement is called as a witness at trial, the court shall, upon
motion of a party, disclose to the jury the existence and content of
the agreement or covenant, unless the court finds that this
disclosure will create substantial danger of undue prejudice, of
confusing the issues, or of misleading the jury.
   The jury disclosure herein required shall be no more than
necessary to inform the jury of the possibility that the agreement
may bias the testimony of the witness.
   (b) As used in this section, a "sliding scale recovery agreement"
means an agreement or covenant between a plaintiff or plaintiffs and
one or more, but not all, alleged tortfeasor defendants, which limits
the liability of the agreeing tortfeasor defendants to an amount
which is dependent upon the amount of recovery which the plaintiff is
able to recover from the nonagreeing defendant or defendants.  This
includes, but is not limited to, agreements within the scope of
Section 877, and agreements in the form of a loan from the agreeing
tortfeasor defendant or defendants to the plaintiff or plaintiffs
which is repayable in whole or in part from the recovery against the
nonagreeing tortfeasor defendant or defendants.
   (c) No sliding scale recovery agreement is effective unless, at
least 72 hours prior to entering into the agreement, a notice of
intent to enter into an agreement has been served on all nonsignatory
alleged defendant tortfeasors.  However, upon a showing of good
cause, the court or a judge thereof may allow a shorter time.  The
failure to comply with the notice requirements of this subdivision
shall not constitute good cause to delay commencement of trial.



877.6.  (a) (1) Any party to an action in which it is alleged that
two or more parties are joint tortfeasors or co-obligors on a
contract debt shall be entitled to a hearing on the issue of the good
faith of a settlement entered into by the plaintiff or other
claimant and one or more alleged tortfeasors or co-obligors, upon
giving notice in the manner provided in subdivision (b) of Section
1005.  Upon a showing of good cause, the court may shorten the time
for giving the required notice to permit the determination of the
issue to be made before the commencement of the trial of the action,
or before the verdict or judgment if settlement is made after the
trial has commenced.
   (2) In the alternative, a settling party may give notice of
settlement to all parties and to the court, together with an
application for determination of good faith settlement and a proposed
order.  The application shall indicate the settling parties, and the
basis, terms, and amount of the settlement.  The notice,
application, and proposed order shall be given by certified mail,
return receipt requested.  Proof of service shall be filed with the
court.  Within 25 days of the mailing of the notice, application, and
proposed order, or within 20 days of personal service, a nonsettling
party may file a notice of motion to contest the good faith of the
settlement.  If none of the nonsettling parties files a motion within
25 days of mailing of the notice, application, and proposed order,
or within 20 days of personal service, the court may approve the
settlement.  The notice by a nonsettling party shall be given in the
manner provided in subdivision (b) of Section 1005.  However, this
paragraph shall not apply to settlements in which a confidentiality
agreement has been entered into regarding the case or the terms of
the settlement.
   (b) The issue of the good faith of a settlement may be determined
by the court on the basis of affidavits served with the notice of
hearing, and any counteraffidavits filed in response, or the court
may, in its discretion, receive other evidence at the hearing.
   (c) A determination by the court that the settlement was made in
good faith shall bar any other joint tortfeasor or co-obligor from
any further claims against the settling tortfeasor or co-obligor for
equitable comparative contribution, or partial or comparative
indemnity, based on comparative negligence or comparative fault.
   (d) The party asserting the lack of good faith shall have the
burden of proof on that issue.
   (e) When a determination of the good faith or lack of good faith
of a settlement is made, any party aggrieved by the determination may
petition the proper court to review the determination by writ of
mandate.  The petition for writ of mandate shall be filed within 20
days after service of written notice of the determination, or within
any additional time not exceeding 20 days as the trial court may
allow.
   (1) The court shall, within 30 days of the receipt of all
materials to be filed by the parties, determine whether or not the
court will hear the writ and notify the parties of its determination.

   (2) If the court grants a hearing on the writ, the hearing shall
be given special precedence over all other civil matters on the
calendar of the court except those matters to which equal or greater
precedence on the calendar is granted by law.
   (3) The running of any period of time after which an action would
be subject to dismissal pursuant to the applicable provisions of
Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2
shall be tolled during the period of review of a determination
pursuant to this subdivision.



878.  Judgment for contribution may be entered by one tortfeasor
judgment debtor against other tortfeasor judgment debtors by motion
upon notice.  Notice of such motion shall be given to all parties in
the action, including the plaintiff or plaintiffs, at least 10 days
before the hearing thereon.  Such notice shall be accompanied by an
affidavit setting forth any information which the moving party may
have as to the assets of defendants available for satisfaction of the
judgment or claim for contribution.



879.  If any provision of this title or the application thereof to
any person is held invalid, such invalidity shall not affect other
provisions or applications of the title which can be given effect
without the invalid provision or application and to this end the
provisions of this title are declared to be severable.




880.  This title shall become effective as to causes of action
accruing on or after January 1, 1958.

Liv v. Yellow Cab, 119 Cal. Rptr. 858 (1975). www.delmarlearning.com/companions/content/1418013846/ppt/chapter%2003/ch03%20li%20v%20yellow%20cab.ppt


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