What constitutes wilful misconduct in a motor vehicle accident case?

"'[W]illful misconduct implies the intentional doing of something either with knowledge, express or implied, that serious injury is a probable, as distinguished from a possible, result, or the intentional doing of an act with a wanton and reckless disregard of its consequences.'" (Ewing v. Cloverleaf Bowl (1978) 20 Cal.3d 389, 402.) "'"[T]hree essential elements must be present to raise a negligent act to the level of wilful misconduct: (1) actual or constructive knowledge of the peril to be apprehended, (2) actual or constructive knowledge that injury is a probable, as opposed to a possible, result of the danger, and (3) conscious failure to act to avoid the peril. [Citations.]"'" (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 528.)