What is the defense of accident or misfortune in a motor vehicle accident case?

The defense of accident or misfortune is based on section 26, which provides, in relevant part: "All persons are capable of committing crimes except those belonging to the following classes: []...[] ... Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence." ( 26.) "The accident defense is a claim that the defendant acted without forming the mental state necessary to make his actions a crime." (People v. Gonzales (1999) 74 Cal.App.4th 382, 390 (Gonzales).)