What is the test for a plaintiff to prove that they were intentionally negligent in a motor vehicle accident?

Willful misconduct is not a separate tort, but rather "'"'an aggravated form of negligence, differing in quality rather than degree from ordinary lack of care.'"'" (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 526.) To establish willful misconduct, a plaintiff must prove the basic elements of a negligence cause of actionduty, breach of duty, causation, and damageas well as the following additional elements that raise the negligent actor's acts or omissions above a basic want of ordinary care: "'"(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.]"' [Citation.]" (Id. at p. 528.)