NY Car Accident Attorney Report: Summary Judgment Awarded To Plaintiff In Hit In The Rear Accident Case

The Appellate Division, First Department of New York State in Dicturel v. Dukureh held that when plaintiff’s vehicle is struck in the rear by defendant’s vehicle, the front vehicle is entitled to summary judgment on liability, unless the driver of the following vehicle can provide a non-negligent explanation for the collision. In this matter, defendant claimed that plaintiff stopped short. However, this did not explain defendant’s failure to maintain a safe distance from plaintiff’s vehicle, and therefore was not enough to rebut the presumption that no negligence on plaintiff’s part contributed to the motor vehicle accident.

Dicturel v Dukureh, 71 AD3d 558 (1st Dept. 2010).