Syracuse Personal Injury Law Blog
While some car crashes are avoidable, the majority of car accidents are caused by careless driving. In rear-end collision cases, the rear driver is presumed to be negligent and must produce evidence sufficient to overcome the assumption. As such, it can be challenging for rear drivers hurt in such accidents to recover damages, as demonstrated in a recent New York ruling. If you were hurt in a car crash, it is smart to meet with a Syracuse personal injury lawyer to determine your rights.
Case History
It is alleged that in February 2017, at approximately 2:34 a.m., a vehicle driven by the decedent struck the rear of a tractor-trailer parked on the shoulder of a County highway. The tractor-trailer was owned and operated by the defendant. The collision resulted in the decedent’s death.
Reportedly, the plaintiff initiated an action seeking damages for personal injuries and wrongful death, alleging negligence against the defendant and the County defendants, including the police department and a police officer. The defendant and the County defendants moved separately for summary judgment to dismiss the complaint against them. The trial court granted these motions, and the plaintiff appealed the decision.
Establishing Liability in Rear-End Collision Cases
On appeal, the court focused on whether the defendants established a prima facie case for summary judgment. The court noted that a rear-end collision with a stopped vehicle typically establishes a presumption of negligence on the part of the rear driver, who must then provide a nonnegligent explanation for the crash. However, the court acknowledged that an accident could have multiple proximate causes, and defendants seeking summary judgment must prove they were not at fault.
In this case, the defendants presented evidence, including deposition transcripts, a police accident report, a toxicology report from the decedent’s autopsy, and crash data from the decedent’s vehicle. The evidence showed that the defendant’s tractor-trailer was parked legally on the shoulder, under a streetlight. It had also activated its flashers and had its parking lights on, and was visible from a distance.
Further, the evidence revealed that the decedent was intoxicated, driving at 72 miles per hour, and had not applied the brakes before the collision. The tractor-trailer was also equipped with a rear impact guard. The court concluded that the defendant’s act of parking the tractor-trailer was not a proximate cause of the accident but merely provided the condition for its occurrence. Instead, the decedent’s excessive speed and intoxication were determined to be the sole proximate causes.
Further, the court found that the plaintiff did not raise a triable issue of fact in opposition to the defendants’ motions. Specifically, they failed to provide evidence that the tractor-trailer was parked in violation of the law or that additional warning devices could have prevented the accident. Additionally, the court upheld the exclusion of two witness affidavits submitted by the plaintiff, as they were not disclosed during discovery.
The court also found that the County defendants did not owe any special duty to the decedent, as they did not assume an affirmative duty to act on his behalf through promises or actions. Therefore, the court ruled that the plaintiff failed to demonstrate the creation of a special relationship necessary to support a negligence claim against the County defendants. Based on the foregoing, the court affirmed the trial court’s decision to grant summary judgment in favor of the defendants, dismissing the plaintiff’s complaint.
Meet with an Experienced Syracuse Personal Injury Attorney
If you suffered injuries in a rear-end collision, you have the right to seek compensation, and you should meet with an attorney as soon as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse personal injury attorneys are adept at establishing liability in car accident cases, and if we represent you, we will advocate zealously on your behalf. You can contact us through our form online or by calling us at 833-247-8427 to arrange a meeting.