What is the test for the presumption of wrongful death in a motor vehicle accident?

California, United States of America


The following excerpt is from Neilsen v. Uyechi, 172 Cal.App.2d 508, 342 P.2d 329 (Cal. App. 1959):

'Although there is no room for the presumption where the [172 Cal.App.2d 513] driver or other person whose claimed negligence is at issue himself testifies to his actions at the time involved (Speck v. Sarber (1942), 20 Cal.2d 585, 587-588, 128 P.2d 16), the rule is established that if such person be deceased or unable to testify by reason of loss of memory, the fact that other witnesses for the parties testify fully as to the acts and conduct of the allegedly negligent person does not deprive the party relying on the presumption of the benefit thereof unless the testimony which he himself produces 'under circumstances which afford no indication that the testimony is the product of mistake or inadvertence * * * is wholly irreconcilable with the presumption sought to be invoked.''

Other Questions


What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
Is an employer's claim for reimbursement under section 3852 of the California Motor Vehicle Accident and Accident Compensation Act limited to recovery for damages proximately caused by the accident? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
In what circumstances can a plaintiff sue for the wrongful death of a driver in a motor vehicle accident? (California, United States of America)
Does the penalty of death on death row apply to a defendant who killed two people in a motor vehicle accident? (California, United States of America)
Does a "driver" for purposes of Vehicle Code section 20002 include an owner of a vehicle involved in a accident when the owner is also a passenger in the vehicle at the time of the accident? (California, United States of America)
Does section 3333.4 of the California Motor Vehicle Accident Act bar a plaintiff from recovering for nonpecuniary damages in a wrongful death action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.