What is the "but for" test for determining whether a motor vehicle accident occurred concurrently?
California, United States of America
The following excerpt is from State Dep't of State Hosps. v. Superior Court of L.A. Cnty., 188 Cal.Rptr.3d 309, 349 P.3d 1013, 61 Cal.4th 339 (Cal. 2015):
12 In cases where concurrent independent causes contribute to an injury, we apply the substantial factor test of the Restatement Second of Torts, section 423, which subsumes traditional but for causation. This case does not involve concurrent independent causes, so the but for test governs questions of factual causation. (Viner v. Sweet (2003) 30 Cal.4th 1232, 12391241, 135 Cal.Rptr.2d 629, 70 P.3d 1046.)
12 In cases where concurrent independent causes contribute to an injury, we apply the substantial factor test of the Restatement Second of Torts, section 423, which subsumes traditional but for causation. This case does not involve concurrent independent causes, so the but for test governs questions of factual causation. (Viner v. Sweet (2003) 30 Cal.4th 1232, 12391241, 135 Cal.Rptr.2d 629, 70 P.3d 1046.)
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