Same with MRIs. If you have an MRI that is positive, you should enlarge it so the pathology is clearly demonstrable. It s called comparative negligence. Juries are not very sympathetic to someone who has contributed to his own injuries in this way. The defendant pays only his percentage of the fault for non- economic damages.
Economic damages are still joint and several.
Haven t had one yet, but I think it could happen. Would probably have to go to the phone company and get records to prove the driver was on the phone at the time of the accident. More parties are being brought into lawsuits than previously. There is a landmark case, Fabre, which permits anyone to be put on the verdict form for consideration of fault, even if they are not a named defendant. Attorney Davis cited a theoretical case where an employer did not install seat belts in trucks driven by company employees.