Who Is Liable for a Rear-End Car Accident in New York?

All New York drivers have a legal duty to obey traffic laws and operate their vehicles in a reasonably safe manner. A driver who commits a traffic infraction that leads to an accident is liable for any personal injury suffered by another driver, passenger, or pedestrian. Indeed, a traffic violation is considered negligence per se under New York law, meaning that a plaintiff need only prove the violation occurred to establish the defendant’s fault as a matter of law.

Establishing Prima Facie Negligence

Perhaps the most common type of traffic accident we see here in New York City is the rear-end collision. This generally occurs when a driver fails to maintain a proper stopping distance between their vehicle and the one in front of them. For this reason, New York courts have long held that when a driver collides with the rear-end of a stopped or stopping vehicle, it is generally presumed that driver is liable for the collision.

A recent decision from a federal judge in Brooklyn, Espinoza v. Foundry Workers LLC, provides a good illustration. In this case, a commercial vehicle made contact with a passenger car on the Goethals Bridge in Staten Island. The driver of the passenger car, the plaintiff in this case, subsequently sued the driver of the rear vehicle and his employer for damages.

A federal magistrate judge subsequently granted the plaintiff partial summary judgment, holding the defendants were liable for the accident as a matter of law. The magistrate noted the parties agreed that the plaintiff’s vehicle was stopped when the defendants’ vehicle made contact. This established a “prima facie case of negligence” under New York Vehicle & Traffic Law.

Now, it is possible to rebut a prima facie case of negligence by establishing some “non-negligent” explanation for the rear-end collision. In this case, however, the magistrate said the defense failed to provide such an explanation. The defense’s position was that the plaintiff may have suddenly stopped without signaling, itself a traffic violation, but the magistrate said that was mere speculation. There were no facts in evidence supporting such assertions.

More to the point, even if the plaintiff did stop suddenly, New York traffic laws make it clear that the rear vehicle still has a duty to “maintain a reasonably safe rate of speed and control over his or her vehicle, and to exercise reasonable care to avoid colliding with the other vehicle.”

Contact a New York City Car Accident Attorney

Even in cases where a defendant’s liability for an accident is clear, a plaintiff still must present a case for damages. That is, they must prove to the court they suffered financial and other losses justifying compensation for their injuries. An experienced New York City car accident attorney can assist you in building such a case.

If you have been injured in any type of car accident, contact the Law Offices of Jaroslawicz & Jaros, PLLC, at 212-227-2780 to schedule a consultation. We serve clients throughout New York City and Long Island.

Source:

scholar.google.com/scholar_case?case=14447289879018098445