Ira Maurer, Founder of The Maurer Law Firm in Fishkill, New York, offers free consultations for victims of serious personal injury.
VIDEO TRANSCRIPT: When it comes to a rear end collision, you probably would assume that when someone driving a motor vehicle strikes the vehicle in front of them that they were negligent in doing so. In fact, the law actually permits a rebuttable presumption of negligence under these circumstances. What does that mean in plain English? A jury can infer that there was negligence when a hit in the rear takes place; however, this presumption of negligence can be overcome by the defendant driver if they can show that there is a reasonable alternative explanation for the hit in the rear accident. For example, if the front vehicle driver made a sudden lane change from an adjacent lane directly in front of another vehicle and in doing so provided no time for the second vehicle to stop without impacting the first vehicle, that would be a reasonable alternative explanation for the accident. Another example would be if the driver of the rear vehicle experienced a medical event, such as a heart attack, which could not be anticipated. In truth, most car accidents present complex legal issues which require an experienced lawyer to successfully navigate through the legal process.
If you or a loved one have been injured in a car accident, contact The Maurer Law Firm by calling 845-896-5295. Schedule a free consultation to review your personal injury claim today. At The Maurer Law Firm, we treat your injuries and the impact they have on your life and your family personally, as if our lives depend on it.