Rear-end collisions.

Practice point: When the driver of an automobile approaches another automobile from the rear, he or she 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.

Student note: Therefore, a rear-end collision establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a non-negligent explanation for the collision.

Case Denezzo v. Joseph, NY Slip Op 03799 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Lack of informed consent.