During the winter months, many motor vehicle accidents occur on New York's roadways due to the accumulation of snow, ice, slush and rain. Drivers are expected to use their motor vehicles with full consideration of changing weather and road conditions.
Rear end collisions are common during inclimate weather. In New York, this type of collision with a fixed vehicle creates the presumption that the driver of the offending vehicle was negligent, unless that driver can give you a non-negligent reason for a corner end collision. This aspect has been upheld in New York motor vehicle lawsuits, including cases where such collision involved pick-up and other light trucks.
Recently, a choice in a lawsuit involving a collision between a pick-up truck and a fixed vehicle reaffirmed this point. The driver of the pick-up truck argued he actually saw the second vehicle, stopped in front of him, prior to the impact; however, the truck driver was unable to prevent the collision because braking caused his truck to skid on the wet roadway.
The Court hearing the case held that the existence of the wet roadway condition didn't provide a non-negligent explanation for a corner end collision. The driver should have been around in control of his truck, at all times irrespective of weather conditions, and operating at a secure speed with enough space between himself and other vehicles. Like all motor vehicle operators, the truck driver should have been able in order to avoid collision with an automobile stopped in front of him. For these reasons, the Court upheld a verdict in support of the person injured in the stationary vehicle.
Individuals who are injured in accidents involving tail collisions with trucks should contact University City Truck Accident Lawyer to totally assess the reality of these case.
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