What is the accident defense in a motor vehicle accident case?

California, United States of America


The following excerpt is from People v. Gonzalez, B283703 (Cal. App. 2018):

instrument or, alternatively, on force likely to produce great bodily injury, whether the victim in fact suffers any harm is immaterial." (People v. Aguilar (1997) 16 Cal.4th 1023, 1028, italics added.) The accident defense is a claim that the defendant acted without forming the mental state necessary to make his actions a crime. (People v. Lara (1996) 44 Cal.App.4th 102, 110.)

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