Is contributory negligence a defense in a motor vehicle accident case?

California, United States of America


The following excerpt is from People v. German, B270020 (Cal. App. 2017):

"It has long been the rule in criminal prosecutions that the contributory negligence of the victim is not a defense. [Citations.] In order to exonerate a defendant the victim's conduct must not only be a cause of his injury, it must be [an unforeseeable] superseding cause. . . . [A] victim's predictable effort to escape a peril created by the defendant is not considered a superseding cause of the ensuing injury or death. [Citations.] . . . 'When defendant's conduct causes panic an act done under the influence of panic or extreme fear will not negative causal connection unless the reaction is wholly abnormal.' [Citation.]" (People v. Armitage (1987) 194 Cal.App.3d 405, 420-421, fn. omitted.)

Other Questions


Does the last paragraph of the last clear chance instruction on contributory negligence in a motor vehicle accident case conflict with the previous paragraph in a similar case? (California, United States of America)
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)
What is the accident defense in a motor vehicle accident case? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
What is the defense of accident or misfortune in a motor vehicle accident case? (California, United States of America)
Can the Court of Appeal overturn a finding of negligence and contributory negligence in a motor vehicle accident? (California, United States of America)
What is the effect of different jurisdictions' comparative negligence statutes on the doctrine of contributory negligence in a motor vehicle 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)
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 accident defense in a motor vehicle accident case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.