Joint tortfeasors

Joint tortfeasors are two or more people whose careless acts combine to cause the same accident and the same injury, such as two drivers whose separate manoeuvres collide in one crash.

Each joint tortfeasor can generally be held liable for the whole of the loss, which matters if only one of them is insured or traceable, since the injured party is not forced to chase each driver for a separate share. This can arise in a multi-vehicle pileup.

How the tortfeasors later share the cost between themselves is a separate question from your right to be paid in full.

For example, one driver overtaking dangerously and another braking suddenly ahead can both be found jointly responsible for a crash. An independent lawyer can name every possible party early, which keeps your options open.

Need a lawyer to handle your injury claim?

A plain-language road accident and injury claims resource for Malaysia.

For people seeking legal representation. For general information, please use our guides and tools.