In sentencing for negligently causing serious injury by driving, the sentencing court starts from two propositions: the offender was solely responsible for the manner of driving, and the driving was the sole cause of injury. A victim's mere knowledge of the driver's intoxication cannot, without more, qualify the first proposition. To qualify the second proposition (causation of injury), the offender must establish on the balance of probabilities that the victim's conduct (such as failure to wear a seatbelt) materially contributed to the severity of injuries. The language of 'complicity' should be replaced with 'reduced responsibility' and 'other contributing causes'. Where the driver has a concurrent legal duty (e.g., to ensure seatbelt compliance), little if any weight would be given to the victim's failure.
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