Is The Rear Driver Always At Fault In A Rear End Collision?

by Friedman & Ranzenhofer, PC on April 16, 2012

in Buffalo Car Accidents

Buffalo personal injury lawsuits involving rear-end collisions are governed under New York State law.  In all personal injury lawsuits involving motor vehicle accidents, the burden is placed on the person suing to establish that the other driver was negligent in the operation of his or her vehicle, leading to a collision.
The burden becomes much easier to meet, however, when the defendant struck the injured person’s vehicle from behind.  Under such circumstances, all the injured person initially has to prove is that this was, in fact, a rear-end collision.  Once the manner in which the accident occurred has been established, the burden then shifts to the rear driver to provide a non-negligent explanation regarding why he or she hit the leading vehicle.

If the defendant is unable to provide a non-negligent explanation, they he or she may be considered to have been found negligent as a matter of law.  Only if a non-negligent explanation is provided by the defendant is the injured party required to provide evidence beyond the fact that the accident was a rear-end collision to establish the negligence of the defendant.

If you have suffered an injury in a motor vehicle accident and have any questions, please feel free to call us at 716-542-5444.  We would be happy to help you.

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