Thursday, June 19, 2014

Rear-end and chain collision accidents.

Practice point:  When an automobile approaches another automobile from the rear, the driver is bound to maintain a reasonably safe rate of speed and control over the vehicle, and to exercise reasonable care to avoid colliding with the other vehicle. A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence against the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a nonnegligent explanation for the collision.

Student note: In chain collision accidents, the operator of the middle vehicle may establish prima facie entitlement to judgment as a matter of law by demonstrating that the middle vehicle was struck from behind by the rear vehicle and propelled into the lead vehicle.

Case:  Marcellin v. Passaro, NY Slip Op 04174 (2d Dept. 2014)

Here is the decision. 

Tomorrow's issue: Repair as opposed to routine maintenance under the Labor Law.