Short summary: A 50-year-old man from Floral Park died after his car, stopped in the left travel lane of I-95 in Port Chester, was hit from behind by an SUV before 6 a.m. In New York, the driver who rear-ends another car is generally presumed at fault. A car stopped in a live lane can change that math. Families in cases like this generally still have a claim, and the reason he stopped may matter a lot.
What happened
Shortly before 6 a.m. on Monday, October 12, a two-vehicle crash happened in the northbound lanes of Interstate 95, part of the Thruway, near mile marker 14.8 in Port Chester, according to State Police as reported by The Journal News (lohud).
Troopers said the 50-year-old had stopped his vehicle in the left travel lane when another northbound SUV struck it. He was taken to Greenwich Hospital, where he was pronounced dead. The SUV driver had minor injuries and was treated and released. State Police are still investigating, and they have not said why the car was stopped.
The rear-end rule, and its limits
New York courts generally presume that a driver who hits a car from behind was following too closely, going too fast or not paying attention. The driver behind has to come up with a non-negligent explanation.
A car stopped in a travel lane on a highway can be that kind of explanation, at least in part. Darkness, speed limits and whether the stopped car had hazards on all come into it. Often the answer is not all or nothing. Fault gets split.
Why the reason he stopped matters
A breakdown, a medical emergency, debris in the road or an earlier crash all tell different stories. A car that died with its hazards on is very different from a car that simply stopped. Vehicle data, Thruway cameras and 911 logs can generally answer that, but they need to be requested early, before they are overwritten.
What the family can generally do
Wrongful death claims in New York still follow pure comparative fault. That means a family can generally recover even if the person who died shared some blame, with the amount reduced by his share. New York also generally gives families two years from the death to file a wrongful death action. No-fault benefits, including a death benefit, generally run through the deceased person's own auto policy. Our guide to what a car accident case is worth explains how shared fault affects the number.
Questions New Yorkers ask us
Is the driver who rear-ends someone always at fault in New York?
Generally the rear driver is presumed at fault, but the presumption can be rebutted. A car stopped in a highway travel lane without warning is one situation where fault is often shared.
Can a family still make a claim if the person who died was partly at fault?
Generally yes. For wrongful death, New York still uses pure comparative fault, so a recovery is generally reduced by the share of fault, not erased.
Not sure where you stand after a crash? Get your free case review or call (888) 208-0529. A real person answers, 24/7.
Reporting: The Journal News (lohud).
