What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act?

California, United States of America


The following excerpt is from People v. S.E. (In re S.E.), 260 Cal.Rptr.3d 181, 46 Cal.App.5th 795 (Cal. App. 2020):

The emphasized portion of each statute "is language of causation." ( In re A.M. (2009) 173 Cal.App.4th 668, 673, 93 Cal.Rptr.3d 168.) Two aspects of causation are at play: "cause in fact (also called direct or actual causation), and proximate cause." ( People v. Jones (2010) 187 Cal.App.4th 418, 424, 114 Cal.Rptr.3d 8.)

" An act is a cause in fact if it is a necessary antecedent of an event. [Citation.]" ( People v. Jones, supra , 187 Cal.App.4th at p. 425, 114 Cal.Rptr.3d 8.) " [T]hat the defendant's conduct was a necessary antecedent of the injury does not resolve the question of whether the defendant should be liable.... "[T]he consequences of an act go forward to eternity, and the causes of an event go back to the dawn of human events, and beyond. But any attempt to impose responsibility upon such a basis would result in infinite liability for all wrongful acts ...." [Citation.] Therefore, the law must impose limitations on liability other than simple causality. These additional limitations are related not only to the degree of connection between the conduct and the injury, but also with public policy. [Citation.] " ( Ibid. )

Other Questions


What is the test for determining whether a defendant is liable in a motor vehicle accident where an independent intervening force actively operates to produce injury? (California, United States of America)
How have courts interpreted section 830.6(1) of the California Highway Code of Civil Procedure when determining whether a defendant is immune from liability under the California Motor Vehicle Act? (California, United States of America)
What is the test for determining whether a defendant is liable for the death of a plaintiff in a motor vehicle accident? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
What is the test for determining whether a defendant is liable to a third person not in privity for injuries sustained in a motor vehicle accident? (California, United States of America)
What is the test for determining whether a defendant is responsible for a motor vehicle accident? (California, United States of America)
What is the test for determining whether defendants had a duty of care in the context of a motor vehicle accident? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
What is the test for determining whether a defendant has a duty to exercise care in the context of a motor vehicle accident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.