In a rear end car collision, there is an assumption that the rear vehicle is at fault. An occupant of the front vehicle is entitled to summary judgment unless the rear driver can provide a non-negligent explanation.
It is well established that a rear-end collision with a stopped or slowing vehicle establishes negligence on the part of the operator of the following vehicle. This rule has been applied when: the front vehicle stops suddenly in slow-moving traffic, even if the sudden stop is repetitive; when the front vehicle, in stop-and-go traffic, stopped while crossing an intersection; when the front car stopped when a traffic light turned yellow; when the front car stopped because it was cut off; and when the front car stopped due to mechanical issues. When such a rear-end collision occurs, the injured occupants of the front vehicle are entitled to Summary Judgment on liability, unless the driver of the following vehicle can provide a non-negligent explanation,
A following vehicle is under a duty to maintain a safe distance between their car and the car in front of them. The failure to do so, in the absence of a non-negligent explanation, constitutes negligence as a matter of law. A bare allegation that the front vehicle stopped short is insufficient to rebut the inference of negligence on the part of the driver of the following vehicle.
The New York State Vehicle and Traffic Laws set forth the rules of the road in New York. Specifically, as it applies to rear end accidents the relevant rule is as follows:
NYS VTL §1129 Following too closely.
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
Accordingly, a driver must leave enough room to stop behind a car it is following, keeping in mind that the car in front of it may make an unexpected stop.
The rear driver may not be at fault if: the front driver backed up into the rear driver; if the front driver changed lanes and then immediately stopped short in front of the rear driver (i.e. cut off the rear driver); or if the rear driver was himself hit from behind by a third vehicle and pushed into the vehicle in front of him, in a chain collision.
In summary, when there is a hit in the rear car accident, the rear driver will be found at fault, unless the rear driver can offer an explanation for the collision that explains why the rear driver was not negligently at fault.
If you were hurt, in a rear end car collision, you should contact an experienced personal injury attorney. At Zalman Schnurman & Miner P.C., the first consultation is always free. Contact us now by phone at 212-668-0059 or over email at info@1800lawline.com.