What is the test for determining whether a defendant is liable for causing the death of a plaintiff by careless driving?
California, United States of America
The following excerpt is from The People v. Gonzalez, No. D055698, No. FVA024527 (Cal. App. 2010):
intermediary is the actual cause of death, the defendant's liability will depend on whether it can be demonstrated that his own conduct proximately caused the victim's death....' [Citation.] '[I]f the eventual victim's death is not the natural and probable consequence of a defendant's act, then liability cannot attach.' [Citation.]" (People v. Concha, supra, 47 Cal.4th at p. 661.)
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