{"id":71,"date":"2021-02-24T14:04:32","date_gmt":"2021-02-24T19:04:32","guid":{"rendered":"https:\/\/www.calljed.com\/blog\/?p=71"},"modified":"2021-02-24T14:04:32","modified_gmt":"2021-02-24T19:04:32","slug":"new-york-court-discusses-liability-in-rear-end-collisions","status":"publish","type":"post","link":"https:\/\/www.calljed.com\/blog\/new-york-court-discusses-liability-in-rear-end-collisions\/","title":{"rendered":"New York Court Discusses Liability in Rear-End Collisions"},"content":{"rendered":"

Usually, when a rear-end collision occurs, it is because of the carelessness of the person driving the second vehicle. As such, in a lawsuit arising out of rear-end crashes, liability is often not in dispute. That is not always the case, however, and simply because one driver strikes another from behind does not automatically mean that fault for the accident is clear. The process of determining liability in a rear-end crash was the topic of a recent opinion<\/a> issued by a New York court, in a matter in which it was ultimately determined that the issue of liability should be submitted to a jury. If you were injured in a rear-end car accident, you could be owed damages, and it is prudent to confer with a capable Buffalo car accident attorney to determine your options.<\/p>\n

The Plaintiff\u2019s Accident<\/strong><\/p>\n

It is reported that the plaintiff was driving a car that was struck in the rear by a vehicle operated by the defendant, which caused the plaintiff to suffer injuries. The plaintiff then sued the defendant for damages. Following discovery, the plaintiff filed a motion for summary judgment, asking the court to find that the defendant was liable for the accident as a matter of law. The court denied the plaintiff\u2019s motion, and she appealed. On appeal, the trial court ruling was affirmed.<\/p>\n

Proving Liability in Rear-End Crashes <\/strong><\/p>\n

Under New York law, a rear-end crash involving a car that is stopped or stopping establishes the negligence of the driver of the rear car, prima facie. As such, the rear driver must rebut the inference that he or she was negligent by offering a non-negligent excuse for the crash. Explanations that do not involve negligence may include the fact that the plaintiff\u2019s car made a sudden lane change in front of the defendant, which required the defendant to stop suddenly. Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Usually, when a rear-end collision occurs, it is because of the carelessness of the person driving the second vehicle. As such, in a lawsuit arising out of rear-end crashes, liability is often not in dispute. That is not always the case, however, and simply because one driver strikes another from behind does not automatically mean […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-71","post","type-post","status-publish","format-standard","hentry","category-car-accident"],"yoast_head":"\nNew York Court Discusses Liability in Rear-End Collisions — Buffalo Personal Injury Lawyer News — February 24, 2021<\/title>\n<meta name=\"description\" content=\"Usually, when a rear-end collision occurs, it is because of the carelessness of the person driving the second vehicle. 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As such, in a lawsuit arising out — February 24, 2021\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Dietrich Law Firm P.C.\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"New York Court Discusses Liability in Rear-End Collisions — Buffalo Personal Injury Lawyer News — February 24, 2021","description":"Usually, when a rear-end collision occurs, it is because of the carelessness of the person driving the second vehicle. 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