What Does “Joint and Several Liability” Mean in Multi-Car Crashes in Tempe?

If you've been injured in a multi-car crash on the Loop 101 or Broadway Road in Tempe, figuring out who's at fault may feel like trying to untangle a knot of blame. These chain-reaction accidents often involve multiple drivers, conflicting accounts, and overlapping insurance policies. That’s where a complex legal concept known as joint and several liability might come into play.

Understanding how it works can be crucial — especially if you’re facing big medical bills or serious injuries. If you're unsure who’s responsible in a tangled accident, a skilled Tempe car crash attorney can help protect your claim and make sure you’re not left holding the bag.

The Basics of Joint and Several Liability

Traditionally, joint and several liability allows a single injured person to recover 100% of their damages from any one at-fault defendant, even if that defendant was only partially responsible. That party can then seek reimbursement (called contribution) from the other liable drivers.

So in a three-car pileup, if all three drivers are found partially at fault, the victim could recover the entire amount from just one — even if that driver was only 10% responsible.

But that’s not exactly how it works in Arizona.

Arizona Modified the Rule in the 1980s

Arizona used to follow full joint and several liability. But the state changed its approach after years of debate. Now, under A.R.S. § 12-2506, Arizona follows a pure several liability rule — with one major exception.

Here’s what that means:

• Each defendant is only responsible for their own percentage of fault.

• You cannot collect 100% of your damages from one driver unless they’re found jointly responsible under the law.

In most multi-car crashes in Tempe, that means if Driver A is 30% at fault and Driver B is 70% at fault, you can only collect 30% from A and 70% from B.

The Exception: Joint Liability Still Exists for Certain Acts

Arizona still allows joint and several liability in rare situations — especially when two or more parties acted together in a way that caused harm. This includes:

• Conspiracy

• Intentional torts (e.g., road rage incidents)

• Acts of concerted negligence

Let’s say two drivers in Downtown Tempe were racing side by side, causing a collision that injured a third party. Even if one car directly hit you and the other didn’t, both drivers might be held jointly liable for the full damage.

How It Affects Tempe Crash Victims

In most car accident cases — including T-bone collisions, rollovers, or rear-end crashes — Arizona’s several liability rule means you’ll need to pursue each driver based on their share of the blame.

This gets complicated when:

• One driver is uninsured

• One flees the scene (as in a hit-and-run)

• One settles early, leaving others to dispute what’s owed

In these scenarios, having experienced legal guidance ensures you're not shortchanged by insurers pointing fingers at one another.

Who Decides Fault Percentages?

In a multi-party crash, fault is decided by:

• Insurance adjusters during negotiation

• A jury, if the case goes to trial

• A judge, in some arbitration or bench trials

Each party’s share of fault is expressed as a percentage, and your total recovery is reduced by your own share of fault — thanks to Arizona’s pure comparative fault rules.

That’s why it's crucial to have a strong legal argument — especially if you’re facing serious injuries like spinal cord trauma or a traumatic brain injury, where even a small shift in fault percentage could affect tens of thousands of dollars.

What If One Driver Can’t Pay?

One of the big problems with several liability is collection. If one driver is found 80% at fault but has no insurance or assets, you might not be able to recover their share.

This is especially risky in cases involving an uninsured driver in Tempe. In these cases, your own uninsured motorist policy might step in — but you'll need to follow strict procedures and prove the other driver’s fault.

What to Do If You're Caught in a Multi-Car Pileup

If you're involved in a crash with multiple drivers:

1. Don’t assume anyone else will “take care of it.”

2. Gather as much evidence as possible — photos, witness info, police reports.

3. Get medical treatment immediately, even for minor injuries.

4. Speak to a lawyer quickly — especially if blame is being shared or disputed.

Even if your crash happened in a low-speed area like Holdeman, your injuries may still be significant — and the insurance battle will only get tougher with multiple parties involved.

Final Thought

Joint and several liability is a powerful legal concept — but in Arizona, it's mostly a thing of the past. That doesn’t mean you’re out of options. With skilled representation, you can still recover what you're owed — even in complicated, high-stakes, multi-car wrecks.

Don’t let blame-shifting between drivers derail your recovery. Know your rights, know the law, and know who to call.