What are the jury instructions in a motor vehicle accident case?

California, United States of America


The following excerpt is from Murrell v. State of California ex rel. Dept. Pub. Wks., 120 Cal.Rptr. 812, 47 Cal.App.3d 264 (Cal. App. 1975):

Jury instructions are sufficient which in composite supply the jury with a well-balanced statement of the necessary legal principles. (City of Los Angeles v. Frew, 139 Cal.App.2d 859, 872, 294 P.2d 1073.) The court's instructions made the jury aware that the bus driver's negligent use of the highway would not relieve the state of liability for the condition of its highway. One instruction distinctly told the jury that the state would be exonerated if the bus driver's negligence were the sole proximate cause of the accident. That instruction would cause any reasoning juror to recognize that findings of dual negligence and dual causation would vary the result. At that point, the jury instructions on the duty of the vehicle driver and on concurrent causation would come into play.

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