San Francisco DUI Attorney: Case Law Blog

 Posted on September 08, 2012 in DUI

Proximate Cause Of Injury Or Death - Evidence Of Other Driver’s Intoxication Deemed Relevant And Admissible

State of Minnesota v. Nelson , - N.W.2d - -, 2011 WL 5829025 (Minn.App.)

In a criminal vehicular homicide case in which the negligent conduct of two motor vehicle drivers intertwines to cause the death of one driver, the trial court abused its discretion by excluding evidence of the victim driver's alcohol consumption while admitting evidence of the defendant driver's alcohol consumption.

Furthermore, the jury instruction must define causation to inform the jury that a guilty verdict requires that the defendant driver's conduct must have played a substantial part in bringing about the death or injury of the victim driver.

Note : Not all states use the 'substantial factor' phrase in their definition of proximate cause.