What is the test for a defendant in a motor vehicle accident case to argue that the accident was not a crime?

"[T]he claim that a homicide was committed through misfortune or by accident 'amounts to a claim that the defendant acted without forming the mental state necessary to make his or her actions a crime.' " (People v. Jennings (2010) 50 Cal.4th 616, 674; accord, People v. Anderson (2011) 51 Cal.4th 989, 997-998.) A defendant in such a case is entitled to a pinpoint instruction relating the theory of accident to the evidence of intent, but only upon request. (People v. Anderson, supra, at p. 998, fn. 3.)