The Deadly Drag Race

The Defendant and another driver agreed to a late-night drag race on a rural highway, roaring along at 70 to 90 miles per hour. As the Defendant led, the other driver tried to pass him — pulling into the left lane in a clearly marked no-passing zone as an oncoming truck approached. The other driver's car collided head-on with the truck, and he was killed. The Defendant was charged with involuntary manslaughter on the theory that his participation in the illegal race caused the other driver's death. The Prosecution argued the Defendant's reckless racing set the deadly contest in motion and was a proximate cause of the fatal crash. The Defense argued that the other driver, a willing participant, made his own reckless choice to swerve into oncoming traffic, breaking the chain of causation.