Understanding Negligence Per Se and Its Role in Personal Injury Claims
When it comes to personal injury law, one crucial concept is negligence per se. It's a legal theory that can significantly strengthen a plaintiff's case. But what does it mean, and how does it work? Let's break it down clearly and simply.
What is Negligence Per Se?
Negligence per se arises when a person violates a statute or regulation intended to protect the public. In such cases, the violation itself is considered evidence of negligence. The law assumes that if someone breaks a law that was established to protect people, that person acted negligently. However, there are specific elements that the plaintiff must prove to use this theory effectively.
What Needs to be Proven?
To establish a case for negligence per se, the following elements must be proven:
1. **Statutory Violation**: The defendant must have violated a specific statute, ordinance, or regulation. For example, speeding or running a red light constitutes a violation of traffic laws.
2. **Causation**: The violation caused the injury. There must be a clear link showing that the defendant's unlawful conduct directly led to the plaintiff's injury.
3. **Protected Class**: The plaintiff's injury must be of the kind that the law was designed to prevent. For instance, if a law against drunk driving exists to protect road users, and someone is injured by a drunk driver, this element is satisfied.
4. **Intended Protection**: The person injured must belong to the class that the statute aims to protect. If the law seeks to safeguard the safety of pedestrians, then pedestrians who are harmed can assert a claim under negligence per se.
A Real-Life Example
Imagine a scenario where a driver runs a red light and hits a pedestrian. In this situation, several factors contribute to the establishment of negligence per se:
- The driver violated traffic laws (statutory violation).
- The pedestrian was injured as a direct result (causation).
- The traffic lights exist to protect pedestrians on the road (protected class).
- The injured pedestrian falls within the population that the law intends to safeguard.
In this case, the pedestrian can assert a negligence per se claim, making it easier to establish fault without needing to provide all the usual evidence of negligence. The law assumes the driver failed to act with reasonable care simply by violating the law.
Why It Matters
Understanding negligence per se can be vital for anyone involved in a personal injury situation. It streamlines the legal process, allowing for quicker resolutions in cases where liability is clear. Moreover, knowing about this doctrine can empower individuals to seek rightful compensation more effectively.
If you've been involved in an accident and have questions about how negligence per se may apply to your situation, it's important to speak with an experienced attorney. At Goldfaden Benson, we are here to guide you through the complexities of personal injury cases.
To learn more or discuss your options, visit our website at [Goldfaden Benson](https://www.goldfadenbenson.com/contact-us) or contact us directly. Your journey to understanding your rights starts here.
