What is the test for driver's failure to stop at a stop sign or red light?

California, United States of America


The following excerpt is from Costa v. A. S. Upson Co., 215 Cal.App.2d 185, 30 Cal.Rptr. 66 (Cal. App. 1963):

(1) The driver operated a heavy vehicle, on a crowded highway, at a rate of speed in excess of 60 miles per hour. We do not regard mere speed, at least within the rates of speed testified to in this case, as a fact from which a reasonable man would anticipate harm as a probable (and not a mere possible) consequence. Unlike Goncalves and Jones v. Ayers [215 Cal.App.2d 189] (1963) 212 A.C.A. 667, 28 Cal.Rptr. 223, there was no showing here that the driver was aware of any stop sign or red light calling on him to reduce his speed or stop.

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