Negligence is required to win a personal injury lawsuit, but negligence per se can simplify the process. If you were involved in a car accident, understanding this doctrine is crucial to ensure you have all the information needed to successfully obtain compensation and justice. Work with a San Mateo County, California car accident lawyer for legal representation and advice during your case.
What is Negligence Per Se?
Negligence per se literally means negligence by itself. This doctrine simplifies the process of proving negligence in a personal injury case. If a defendant violates a statute or regulation and their actions lead to harm, then they are assumed to be negligent through negligence per se.
Establishing regular negligence requires the plaintiff to prove that:
- The defendant owed the plaintiff a duty of care
- The defendant breached their duty
- The breach caused the plaintiff’s injuries or damages
- The plaintiff suffered damages that can be compensated
Negligence per se, however, allows both the duty and breach of duty to be established through the defendant’s violation of the statute.
How Can I Establish Negligence Per Se in My Auto Accident Case?
Although negligence per se can simplify the process you still must establish evidence of the breach of duty. If you wish to make this claim in your car accident case you have to identify and prove the following.
- Violation: The defendant had to have violated a specific law like speeding, driving while intoxicated, failing to yield, etc.
- Statute intended to protect: The statute that was violated must be intended to protect the safety or welfare of a particular group of people, for example, pedestrians or drivers
- Causation: The violation must have been the direct cause of the accident
- Damages: The plaintiff must have been a part of a group protected by the violated law and sustained injuries and damages as a result of the accident.
If you can prove the above you can establish liability in your case.
Negligence Per Se in an Auto Accident Case
Generally, in a car accident case, the plaintiff must prove the defendant’s negligence. They have to show that the defendant’s actions and behavior failed to take appropriate care expected of a reasonable person in a similar situation.
However, negligence per se can significantly affect the outcome of a car accident case. It eases the burden of proof that the plaintiff bears and often leads to faster resolutions and potentially higher settlement amounts.
Keep in mind, though, that the defendant will be able to defend themselves against this rule. They may argue that their violation did not contribute to the accident or some other factor was the main cause. While negligence per se can help establish liability it is not foolproof.
If you were injured in a car accident case it is important that you are able to obtain compensation for your damages and associated expenses. Reach out to a skilled attorney for legal counsel and representation during your claim or lawsuit.
