Predicament

On a certain campus there is a 'tradition' amongst the senior students; senior guys pick 10 freshmans at 'random', kidnap them, stuff them into the boot of a car and leave them there for a few hours before releasing their terrified victims.

Now imagine this, on one occasion another driver crashes into the back of the car housing one of the victims. Both parties try to rush the unconcious victim to the hospital, but sadly the victim dies.

To whom should the blame be set? Ethically and by the law
Note: Both parties were a tad bit drunk