Tortfeasor
The person or company that committed the wrong. Lawyers say it; nobody else does.
It appears throughout the paperwork you will be sent, and it usually means nothing more sinister than "the other driver". This is general information, not legal advice.
What it means
A tort is a civil wrong that is not a breach of contract. A tortfeasor is whoever committed it. In a crash case that is normally the other driver, but it can also be their employer, the owner of the vehicle, a road authority, or a manufacturer.
Where there is more than one, California splits the two kinds of damages. Economic losses — bills, wages — can be recovered in full from any responsible defendant. Non-economic damages are several: each defendant pays only their own share of them.
That split matters when one defendant has no money and another does.
Where this is dealt with properly
This entry is the short answer. These pages own the subject.
Common questions
- If two people caused my injury, do I sue both?
- Usually yes, and the reason is practical rather than punitive. Non-economic damages are divided by share, so leaving a responsible party out of the case can leave part of that money unrecoverable.
Start a case review call
On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.
Sources: Civ. Code, § 1431.2 (Proposition 51 — several liability for non-economic damages); CACI No. 406, Judicial Council of California Civil Jury Instructions (2026 edition) (apportionment of responsibility). CACI references after the first use the short form.