However, in this case the defense team was betting on the 50 % rule, which works like this: if the defense team could convince the jury that the plaintiff (my client, the injured motorcyclist) is more than 50 % at fault for the crash, the defendant (
the negligent minivan driver) would not have to pay for non-economic damages, which include pain and suffering, loss of enjoyment of life, scarring and disfigurement, and other long - term problems as a result of the crash.