What is considered "malice" and "gross negligence" in the context of a motor vehicle accident?

California, United States of America


The following excerpt is from People v. Delgadillo, B281230 (Cal. App. 2018):

Malice and gross negligence are evaluated under different standards. Gross negligence is evaluated under an objective standard, and it exists "if a reasonable person in defendant's position would have been aware of the risk involved." (People v. Watson (1981) 30 Cal.3d 290, 296.) It involves an act that is "so different from how an ordinary, careful person would act in the same situation that [it] amounts to disregard for human life or indifference to the consequences." Malice is determined under a

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