January 13, 2015

PN Auto Negligence Defense Update: Rear End Hit is Not Always Liability Endgame

Although a rear-end collision with a stopped vehicle establishes a prima facie case of negligence on the part of the driver of the rear vehicle, even assuming that defendant driver failed to maintain a reasonably safe distance and rate of speed while traveling behind the plaintiff's vehicle, deposition testimony of the defendant driver, will still raise a triable issue of fact as to whether the plaintiff contributed to the accident by driving in an erratic manner.
Pan v Haynes (NY Sup) (cases cited): http://www.courts.state.ny.us/reporter/3dseries/2015/2015_25002.htm

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