New York State Police say a drug-addled driver rear-ended a van, on Friday afternoon, November 26, in Wellsville, killing an eleven year old passenger riding in the back seat.
The woman driver apparently admitted to the police that she had not realized that traffic had stopped when she hit the van in front of her.
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.
She was charged with driving while impaired by drugs.
Unfortunately for them, the family of Cheyenne Wolfer appear to have a good wrongful death claim against her.
