Multistate Bar Examination Practice Question

The correct answer is that the driver is liable for the passerby’s actions because the passerby's negligence in assisting, although an independent act, is not considered to be a superseding cause under established tort law principles. Injuries caused by attempts to rescue or assist the victim following the initial harm are generally deemed foreseeable and therefore fall within the scope of proximate causation. On the other hand, a superseding cause would completely break the chain of causation by being highly unforeseeable and independent, which is not the case here. The idea that intervening assistance falls under proximate cause is based on the 'rescue doctrine,' which recognizes that rescue attempts are a normal response to situations caused by negligence, making them foreseeable. This is why an answer that categorizes the passerby's act as a superseding cause would be incorrect.