In Rear-End Collisions the Driver of the Rear Car Must Establish a Non Negligent Explanation for the Collision
June 08, 2012 | Finz & Finz, P.C.
Plaintiff was injured when her vehicle, which was stopped at a stop sign, was struck in the rear by defendant's vehicle. Defendant's own deposition testimony established that he was not looking where he was driving when he struck plaintiff's vehicle which was the sole proximate cause of the accidents.
Supreme Court granted plaintiff's motion for summary judgment and the Appellate Division, Second Department, affirmed, holding that "a rear end collision establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision." In this case the plaintiff established her prima facie entitlement to judgment as a matter of law and the defendant failed to raise any triable issue of fact.
Gibson v. Levine, NYLJ, 5/18/27, 27:1
Additional Info: Motor Vehicle Accidents