Plaintiffs, passengers in a car that rear-ended an attenuator truck with flashing yellow lights, which was parked in a construction zone in the left lane of the Harlem River Drive, sued the owner and operator of the truck, inter alia, for injuries sustained in the accident. The rule that a driver is required to maintain a safe distance between his vehicle and the one ahead (Vehicle and Traffic Law § 1129 [a]) imposes a duty to be aware of traffic conditions, including...
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