If you’ve been injured in a car accident, you may have heard the term “negligence per se” in regard to your case. It’s a phrase that’s often used in personal injury cases, but many people are still unfamiliar with what it means exactly.
In this article, we’ll dive deeper into what negligence per se means, how it differs from regular negligence, and how it can impact a personal injury case.
What Exactly is “Negligence Per Se”?
Negligence per se is what is used to determine whether or not negligence directly resulted in your injury. This could include anything from texting while driving to speeding to reckless driving in hazardous weather conditions. In order to prove negligence per se you must be able to show that:
- The plaintiff broke the law.
- The law broken was written in order to prevent the type of injury you sustained.
- You are the type of person the law was intended to protect.
- Your injury is a direct result of the law being broken.
For instance, let’s say the defendant was texting while driving, which resulted in their drifting over the centerline and striking your car. If you broke your arm in the crash, it might be possible to prove negligence per se. This scenario fulfills all of these requirements.
First of all, the plaintiff broke the law by texting while driving. The second condition is fulfilled because the law against texting while driving is to prevent drivers from causing accidents because they are paying attention to their phone rather than the road. Third, other drivers fall under the category of people this law is designed to protect. And finally, breaking your arm in the crash is a direct result of their negligence.
It’s important to note that negligence per se can be used against you as the plaintiff as well. For example, if you were the one texting while driving when another vehicle struck you, they might be able to prove that your distraction was “contributory negligence.” In other words, your texting hindered your ability to react to the situation effectively, putting you at some degree of fault.
What is the Difference of Negligence Per Se from Ordinary Negligence?
Negligence per se is a legal term used to describe a specific type of negligence. It differs from ordinary negligence in that it involves a violation of a specific law or regulation. In other words, the defendant’s actions are considered negligent simply because they violated a law or regulation, regardless of whether they intended to cause harm.
Ordinary negligence, on the other hand, involves a failure to exercise reasonable care in a particular situation. In these cases, the plaintiff must prove that the defendant had a duty to exercise reasonable care, that they breached that duty, and that the breach caused the plaintiff’s injuries.
The key difference between negligence per se and ordinary negligence is that negligence per se does not require proof of a breach of duty – the violation of the law or regulation is enough to establish negligence. This makes it easier for plaintiffs to prove their case, as they do not have to show that the defendant failed to exercise reasonable care.
However, it is important to note that not every violation of a law or regulation will result in a finding of negligence per se. The law or regulation in question must be intended to protect the public from the type of harm that occurred, and the harm must be the type that the law was designed to prevent.
In summary, negligence per se is a type of negligence that is based on a violation of a specific law or regulation, while ordinary negligence involves a failure to exercise reasonable care in a particular situation.
How Does Negligence Per Se Affect a Personal Injury Case?
When it comes to personal injury cases, negligence per se can have a significant impact. If the plaintiff can prove that the defendant violated a statute or regulation and that violation caused their injury, then they may be able to recover damages more easily. This is because the plaintiff does not have to prove that the defendant was negligent or that their actions fell below the standard of care. The violation of the statute or regulation is enough to establish negligence per se.
However, it’s important to note that negligence per se does not apply to all personal injury cases. The violation of a statute or regulation must be directly related to the plaintiff’s injury. Additionally, the plaintiff must still prove that they suffered damages as a result of the defendant’s conduct.
In conclusion, negligence per se can be a powerful tool in a personal injury case. If the plaintiff can prove that the defendant violated a statute or regulation and that violation caused their injury, then they may be able to recover the payment for damages faster. It’s important to consult with a personal injury attorney to determine if negligence per se applies to your case.
