Practice point: A rear-end collision with a stopped or braking vehicle creates a prima facie case of the moving vehicle driver’s negligence, and requires the driver to offer an adequate non-negligent explanation for the accident.
Practitioners should note that, standing alone, a claim that the driver ahead stopped suddenly does not defeat the presumption of negligence. However, evidence that a vehicle was rear-ended and propelled into the stopped vehicle in front of it may provide a sufficient non-negligent explanation, pursuant to Malak v. Wynder, NY Slip Op 09043 (2d Dept. 2008).
Case: Jumandeo v. Franks, NY Slip Op 09035 (2d Dept. 2008)
The opinion is here.
