In what circumstances will a jury be bound by a finding that one of two alternative theories of liability for a motor vehicle accident fail to meet the evidentiary test?

^[13] In contrast, where one of two alternative theories of liability fails for evidentiary insufficiency, we may assume that the jury relied on the theory that was sufficiently supported, and did not perversely return a guilty verdict based on a theory that was supported by such weak evidence that no reasonable jury could have accepted it. See United States v. Rutkoske, 506 F.3d 170, 176 (2d Cir. 2007) (citations omitted) ("[T]he Supreme Court has held that a verdict should be affirmed when two theories of an offense are submitted to the jury and the evidence supports one theory but not the other. In such cases, courts assume that the verdict is based on the valid theory.").