Does a driver have a presumption of negligence in a motor vehicle accident where, at the time of the collision, the driver was asleep at the wheel?
"New York", United States of America
The following excerpt is from Snorac, Inc. v. Charles, 2004 NY Slip Op 50337(U) (NY 3/26/2004), 2004 NY Slip Op 50337(U) (N.Y. 2004):
Similarly, a presumption of negligence arises where, at the time of a collision, the driver was asleep at the wheel (see Romero v. Romero, 266 AD2d 367 [2nd Dept 1999]) and where a vehicle leaves the roadway and strikes a tree (see Cebula v. Bonime, 92 AD2d 856 [2nd Dept 1983]). In those circumstances, the collision itself established a prima facie case of negligence.
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