What is the test for determining whether there is negligence in a motor vehicle accident?

California, United States of America


The following excerpt is from Hogan v. Richards, 219 Cal.App.2d 495, 33 Cal.Rptr. 282 (Cal. App. 1963):

'Where there is uncertainty as to the existence of negligence the question is not one of law but of fact to be settled by the jury; and this is so whether the uncertainty arises from a conflict in the evidence or because fair-minded men will honestly draw different conclusions from undisputed facts.' (Johnson v. Nicholson, 159 Cal.App.2d

Page 285

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