Most licensed drivers remember (if only vaguely) Vehicle & Traffic Law Section 1129, entitled "Following too closely." This section requires drivers to maintain a safe distance between themselves and the vehicle in front of them. However, most drivers do not know that there is a consequence to following too closely which is much more severe than a fifty dollar ticket.

Under New York Law, a rear-end collision with another vehicle establishes a "prima-facie case of negligence" on the part of the operator of the rear following vehicle. That means that the accident is presumed to be the fault of the operator of the rear-ending vehicle, and that there was no fault on the part of the operator of the rear-ended vehicle. In more practical terms, if you rear-end someone and they sue you, they are entitled to a judgment against you, as a matter of law, unless you can demonstrate a non-negligent excuse for the accident.

There's more bad news for tailgaters. The list of "non-negligent explanations" for rear-ending someone is very short. "Stop-and-go" traffic is not a non-negligent excuse. The person in front of you stopping suddenly is not a non-negligent excuse. Bad weather, or slippery roads, is also not a valid excuse. Those are all things that are expected and foreseeable for prudent drivers. A non-negligent explanation for rear-ending someone must be something unexpected, and unforeseeable. A sudden and unexpected patch of black ice, on an otherwise clear road, would qualify. Someone suddenly cutting in front of you and slamming on his or her brakes would qualify. Two vehicles having an accident right in front of you would qualify.

Next time you are driving along the 290 or the 990, two or three car lengths behind the car ahead of you, just remember that, in addition to that fifty dollar fine, you are putting yourself in the position of having no defense to a lawsuit if you rear-end that vehicle ahead of you.

If you are the person who has been rear-ended, it is important to prove that there is not a non-negligent explanation for your accident. That means photographs of the vehicles involved, photographs of the accident scene, proof of weather and road conditions, statements from witnesses, and sometimes an accident reconstruction expert.

BROWN CHIARI LLP has represented thousands of clients who were involved in serious motor vehicle accidents. We use various investigative and engineering methods to assemble compelling evidence as to how an accident took place. By preparing our cases in this manner, we are able to establish that the individual who caused the accident was negligent, and their insurance company is financially responsible for our client's property damage and personal injuries.