What is the test for determining whether a defendant has been found negligent in a motor vehicle accident?

California, United States of America


The following excerpt is from People v. Thurmond, 175 Cal.App.3d 865, 221 Cal.Rptr. 292 (Cal. App. 1985):

With our permission, defendant filed a supplemental brief in pro. per. In his brief, defendant argues the trial court should have defined for the jury the term "culpable negligence" as used in the CALJIC instruction on accident and misfortune. 1 The point is well taken. It was so held in People v. Brucker (1983) 148 Cal.App.3d 230, 239, 195 Cal.Rptr. 808.

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