Rear-end collisions.

Practice point: 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 non-negligent explanation for the collision.

Student note: Evidence that a vehicle was struck in the rear and propelled into the vehicle in front of it may provide a sufficient non-negligent explanation.

Case: Hauswirth v. Transcare N.Y., Inc., NY Slip Op 05723 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Dismissal for failure to state a cause of action.