Practice point: One of several nonnegligent explanations for a rear-end collision may be a sudden stop of the lead vehicle. However, vehicle stops which are foreseeable under the prevailing
traffic conditions, even if sudden and frequent, must be anticipated by
the following driver, who is under a duty to maintain a
safe distance between the following car and the car ahead.
Student note: A rear-end collision with a stopped or stopping vehicle creates a
prima facie case of negligence with respect to the operator of the rear
vehicle and imposes a duty on that operator to rebut the inference of
negligence by providing a nonnegligent explanation for the collision.
Case: Le Grand v. Silberstein, NY Slip Op 08608 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: A collision with an unmarked police car.
