Comparative Fault and CPLR 1411(b)
Decisions on how fault is divided, including the 2026 change for motor vehicle cases in CPLR 1411(b).
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Rear-End Crash: Passengers Win on Fault Before Depositions Despite the Truck Driver’s Later Affidavit (Escobar v Sanchez, 2d Dept 2026)
When a vehicle that is stopped or slowing is hit from behind, the rear driver is presumed negligent and must give a non-negligent explanation for the crash. Here, the Second Department affirmed summary judgment on fault for two passengers in a car struck in the rear by a tractor-trailer, holding that the truck driver’s affidavit, which contradicted his statements recorded in the police accident report, raised only a “feigned issue of fact,” and that the motions were not premature.
Decision Day summarizes and comments on published court decisions. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless an entry says otherwise, The Eskesen Law Firm did not represent any party in these cases.
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