My vid card is Asus Geforce 9500 GT 512 meg (DDR3) running windows vista ultimate SP2 and Direct x 10. I also have the latest Nvidea drivers installed. (296.10)
Before doing this.. my screen would turn black and I'd get a windows error saying my "display driver has stopped responding and has now recovered" In the tooltip of the error it said "display driver nvlddmkm stopped working and has successfully recovered"
It would do this constantly.
I mean, I couldn't even get to the first gate where you kill the zombies coming out of the bushes in the beginning of the game...
Underclocking seems to have fixed this issue as I have been able to play without crashing yet. The game runs smooth as well (max foreground fps is set to 150, max background to 50). Most other diablo 3 video settings are on low.
To answer your question, yes I did try lowering the max fps's and it did NOT fix anything.. Underclocking is the ONLY thing that has worked so far.
I hope this helps people. Someone else posted this fix and to them I say thanks :)