What is the test for determining "proximate cause" in a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from In re Market Square Associates, Ltd., 56 BR 566 (Bankr. S.D.N.Y. 1986):

Few concepts in the law have proved so elusive of definition or difficult of application as "proximate cause." Palsgraf v. Long Island R.R. Co., 248 N.Y. 339, 162 N.E. 99 (1928). It is frequently stated that "the proximate cause of an event is that which, in a natural sequence unbroken by any new cause, produces that event, and without which that event would not have occurred." 41 N.Y.Jur. Negligence 30 at 44. The courts are in agreement that the determination of proximate cause must be made on a case by case basis. See Pagan v. Goldberger, 51 A.D.2d 508, 510, 382 N.Y.S.2d 549, 551 (2d Dept.1976); Prosser, Law of Torts, 42 at 249 (4th ed. 1971). Causation, be it proximate or remote, is an event which results in the happening of another event. A determination of proximate cause must involve a deeper analysis than merely examining the subjective motives of the actors.

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