What is the test for proximate causation in a motor vehicle accident?

California, United States of America


The following excerpt is from Mattos-Yanez v. Dover, F073294 (Cal. App. 2017):

There are two aspects to proximate causation: " 'whether the defendant's conduct was the "cause in fact" of the injury; and, if so, whether as a matter of social policy the defendant should be held legally responsible for the injury.' " (Kumaraperu v. Feldsted (2015) 237 Cal.App.4th 60, 68 (Kumaraperu).) The first aspect is determinative here.

"Cause in fact" asks whether the defendant's conduct was the " 'necessary antecedent' " to the injury, without which no injury would have occurred. (Maupin v. Widling (1987) 192 Cal.App.3d 568, 573.) That is, the defendant's conduct must be a

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