In what circumstances will a jury not award a second degree murder verdict for a driver who ignored a warning sign and veered into the median to avoid a collision with another car?

In People v. Autry (1995) 37 Cal.App.4th 351, the defendant argued the evidence was insufficient to support a second degree murder verdict because "the accident [in which the defendant ignored a warning sign of a lane closure, veered into the median to avoid a collision with another car, and killed two construction workers] occurred in an area of decreased visibility and a blind curve." (Id. at pp. 356-359.) The court rejected that argument, explaining, "The jury was entitled to discount the significance of this, in

Page 18