Safe Distances/Speeding liability in Car Accidents

Driving accidents can be avoided if one drives safely, including maintaining a safe distance between cars on the road. Avoiding speeding and other vehicle and traffic violations also helps. Failing to safely operate a motor vehicle can result in a liability as a matter of law: that is what occurred in this New York Accident Case.

Here, Bates moves for summary judgment on liability pursuant to CPLR § 3212 as a matter of law. Here, "Bates seeks monetary damages for personal injuries allegedly sustained on June 9, 2017 following a motor vehicle accident on the Brooklyn Bridge in which the vehicle he was driving was struck in the rear." It is important to note that Bates was "stopped" when the car accident occurred because "a vehicle driven by defendant Daniel L. Tocci ("Tocci")" rear-ended Bates.

"Bates [successfully] argues that such a rear-end collision warrants summary judgment in his favor on issues of liability." The Court notes that "The defendants do not contest a finding that Bates has met his initial burden by demonstra ting that Tocci's vehicle rear-ended Bates' vehicle while it was stopped in traffic, which presumes negligence..."

To obtain summary judgment, Bates must demonstrate that there are no material issues of fact in dispute and that he is entitled to judgment as a matter of law under these undisputed facts (see Winegrad v. New York University Medical Center, 64 NY2d 851 [Ct App 1985] and Flores v. City of New York, 29 AD3d 356 [1st Dept 2006])....When the operator of a motor vehicle strikes a stopped vehicle ahead of his in the rear, the operator is presumed to have been negligent and summary judgment on liability in favor of the operator of the stopped vehicle is appropriate (see Johnson v. Phillips, 261 AD2d 269 [1st Dept 1999]).

Because "Tocci has failed to demonstrate a non-negligent explanation for striking Bates' stopped vehicle in heavy traffic," he is liable for the accident and injury as a matter of law. Why: the Court observes that "Tocci was required to maintain a reasonably safe distance and rate of speed under the existing conditions to avoiding striking Bates' vehicle (see VTL § 1129(a) and....Vehicle stops which are foreseeable under the prevailing traffic conditions must be anticipated...." see Xia v. Saft, 177 AD3d 823 [2nd Dept 2019]) (rear-end collision in "stop-and-go' traffic warrants summary judgment) and Newman v. Apollo Tech Iron Work Corporation, 188 AD3d 902 [2nd Dept 2020]) (rear-end collision in heavy traffic after defendant's vehicle had come to a stop one to two feet behind plaintiff's stopped vehicle does not raise a triable issue of fact)).

The Case is Bates v. Tocci, 2022 NY Slip Op 34740 - NY: Supreme Court, 2022, and demonstrates how rear end collissions, here a New York Rear End Collision but it would be substantially similar for Florida Rear End Collisions causing injury, can be, as a matter of law, negligent and thus entitle the injured party to compensation.

Cory H. Morris, Esq. New York and Florida, Injury, Addiction, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA)

New York State Traffic, Accidents, Injuries and Appeals - New York Speeds Traffic and Parking Violations Agency | Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your matter (injury, accident, traffic matter, criminal matter or appellate matter).