What is the test for determining whether a defendant is negligent in a motor vehicle accident?
California, United States of America
The following excerpt is from McMahon v. Kern County Union High School and College Dist., 150 Cal.App.2d 218, 309 P.2d 465 (Cal. App. 1957):
'Generally speaking, the degree of care required under any given circumstances and the question as to whether or not that degree was attained by one charged with negligence is a question of fact for the jury and not a question of law. Malone v. Clemow, 111 Cal.App. 13, 295 P. 70. Negligence of a defendant, like contributory negligence of a plaintiff, is generally a question of fact for the determination by the trier of fact whose finding will not be disturbed on appeal if there is substantial evidence to support it. McWane v. Hetherton, 51 Cal.App.2d 508, 511, 125 P.2d 85.'
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