It is well-settled that a rear-end collision with a slowing or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the the trailing vehicle. A defendant's claim that the lead vehicle made a sudden stop, without more, is insufficient to rebut the presumption of negligence.
Here, plaintiff met the prima facie burden of establishing his entitlement to summary judgment on the issue of liability by submitting an affidavit stating that when he braked because of the 15 miles per hour speed limit imposed in a construction area, defendant's car collided with the rear of his vehicle.
In opposition, defendant failed to provide a non-negligent explanation for the accident. Defendant failed to establish that she maintained a safe following distance, pursuant to Vehicle and Traffic Law § 1129[a], and that plaintiff's repeated braking was not foreseeable given the speed limitation in the construction zone.
Plaintiff's motion was not premature, pursuant to CPLR 3212[f]. His affidavit established that a rear-end collision occurred, and defendant was in a position to proffer sufficient relevant information concerning the circumstances of the accident.
Ahmad v. Behal, NY Slip Op 06196 (1st Dep't November 30, 2023)
