While the other driver may always attempt to blame the seriously injured party in a personal injury accident, the courts in New York State, including the courts having jurisdiction over Western New York and Buffalo, have ruled that in cases where a driver is involved in a rear-end collision with a stopped vehicle, it establishes what is termed a prima facie case that the accident was the result of negligence on the part of the driver of the rear vehicle.
This means that, instead of you or your personal injury attorney having to submit evidence proving that the other driver was negligent, the other driver must submit some explanation for the accident that would tend to establish he or she was not negligent. If the rear driver cannot provide such an explanation, it is presumed that his or her negligence caused the accident.
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