The Monroe County Sheriff's Office is investigating an accident which happened on November 28, 2010, at the intersection of Route 104 and Dean Road, in Parma, New York.
The deceased woman was riding as a passenger in a car operated by her husband, also 61 years old. They were stopped at a light, facing east on Route 104, when their car was rear-ended and forced into oncoming, crossing, traffic. A truck hit their car.
As mentioned in my blog entry below, under New York State case law, a rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle, and imposes a duty on the operator of the moving vehicle to come forward with an adequate non-negligent explanation for the accident.
The driver of the first colliding motor vehicle needs to defend the operation of his vehicle.
Leave a comment