University of California San Diego sophomore Mariana Flores, like a lot of college students took to their campus to protest (one way or another) the 2016 election. When the large protest spilled over onto the 5 freeways, she got hit by a car and is suing the university for her substantial injuries.

The Blaze reports on the details of the San Diego personal injury, “The collision shattered her pelvis, fractured her leg and caused many other severe injuries…Flores argues that the University is at least partially responsible for injuries because they failed to stop the protest after it became dangerous and spilled onto the interstate.” In addition to failing to manage the geographical range of the Trump protest, the suit also asserts that an employee of the University (the resident adviser in Flores’s dorm) encouraged the protest.

Along with UCSD, Flores also named UC Board of Regents, City and County of San Diego, the state of California and the driver of the car that hit her. As it relates to personal injury and wrongful death lawsuits, the state of California follows a comparative negligence theory of liability meaning that each party is responsible for their share of the accident. In naming so many defendants in her personal injury lawsuit she is doing two things: alleging that multiple parties are responsible for her accident and maximizing her settlement amount. While a car accident personal injury lawsuit against only the driver of the car can cover the total expenses of the accident in many instances, it is also very limiting because the most you can get are the policy limits. In this case, if there is a large verdict that goes well beyond the policy limits of the driver, the other very large parties named can very likely pay.

California’s comparative negligence doctrine makes a lot of sense– everyone pays what they are deemed responsible for which is just a very realistic approach to these types of cases. So if the case is worth $100,000 and UCSD is found to be 50% responsible then they are liable for $50,000. And  if Flores is found to have contributed to her accident at all, then her financial recovery is reduced by whatever % is attributed to her. Not surprisingly, comparative negligence cases can take a little longer than a single defendant because what you are essentially doing is a fault analysis for each named party, rather than just one.

Dealing with a California personal injury? Walch Law can help. We have the success record, experience and approach you want fighting to maximize your recovery. Even if you are partially at fault for the accident, that does not mean you cannot still file a California personal injury lawsuit. Fill out our contact us form today to learn more. We don’t get paid until you do so you have nothing to lose!