What is joint and several liability?
Joint and several liability is a rule for injuries caused by two or more people: each one can be made to pay the whole amount, so the injured person can still collect everything if one of them cannot pay. Many states now limit it, so each wrongdoer pays only its own share.
Last checked November 9, 2026 · Official sources (5)
Joint and several liability example: a truck and an uninsured driver
Example: you are stopped in traffic. An uninsured driver swerves into a delivery truck, and the truck is pushed into your car. You did nothing wrong. A jury finds your damages are $50,000 and splits fault 60% to the truck company and 40% to the uninsured driver, who has no money.
| Rule | What the truck company owes | What you may never collect |
|---|---|---|
| Several only (Arizona's general rule) | $30,000 | $20,000 |
| Joint and several (Texas, truck over 50%) | Up to the full $50,000 | Nothing, if the company pays |
| Texas, if the truck were only 45% at fault | $22,500 | $27,500 |
These numbers are made up to show the math. The same crash can leave a $20,000 hole in one state and none in another. Uninsured motorist coverage on your own policy is often what fills that gap.
Does Arizona or Texas use joint and several liability?
Arizona's statute says the liability of each defendant is several only and not joint, with listed exceptions. Each defendant pays in direct proportion to its own percentage of fault.
Texas starts from the same place: a defendant pays only the percentage equal to its own responsibility. But a defendant whose share is greater than 50% becomes jointly and severally liable for the damages you can recover.
Why does joint and several liability matter to someone who was hurt?
It decides who carries the risk that one wrongdoer cannot pay: you or the other wrongdoers. Under several liability, the injured person carries that risk. When more than one party may be at fault, it pays to identify every one of them, check each one's insurance, and look at your own uninsured and underinsured motorist coverage early.
Joint and several vs. several liability
"Several" means each pays only its own share. "Joint and several" means any one can be made to pay the whole judgment and then seek repayment from the others. The word "joint" is what moves the collection risk off the injured person.
Questions
If one defendant pays everything, what happens next?
Under joint and several liability, the one who paid more than its share can usually seek contribution from the others. You still collect only once.
Does joint and several liability apply in Arizona car crashes?
Generally no. Each defendant is liable only for its own percentage, unless an exception applies.
What changes in Texas at 51%?
A defendant found more than 50% responsible can be made to pay all the damages you can recover.
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See if I’m owed moneySources (5)
- Washington Courts, Glossary of Legal Terms, checked 2026-11-09. “A legal doctrine that makes each of the parties who are responsible for an injury liable for all the damages awarded in a lawsuit if the other parties responsible cannot pay.”
- A.R.S. § 12-2506(A), checked 2026-11-09. “the liability of each defendant for damages is several only and is not joint, except as otherwise provided in this section.”
- Tex. Civ. Prac. & Rem. Code § 33.013(b), checked 2026-11-09. “the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than 50 percent”
- A.R.S. § 12-2506(A), checked 2026-11-09. “Each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault”
- Tex. Civ. Prac. & Rem. Code § 33.013(a), checked 2026-11-09. “a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility”