negligence, this could fit within this framework.
4. **Protected Class**: You must belong to the class of individuals the statute was designed to protect. Continuing the previous example, if you are a pedestrian and were injured due to a driver's violation of a pedestrian statute, you fall into the protected class.
Real-Life Example
Consider a scenario: you are walking in a crosswalk when you are hit by a car. The driver was speeding, violating traffic laws. In this instance, you may have a strong case for negligence per se because the driver broke a law that was meant to protect you as a pedestrian. The speeding is a clear violation, your injury was caused by this violation, and both you (a pedestrian) and the type of incident (being struck in a crosswalk) are precisely what the law seeks to prevent.
Why This Matters
Understanding negligence per se empowers victims. If you can clearly demonstrate these elements, you may simplify your path in proving that someone else's failure to follow the law led to your injury. This reduces the burden typically encountered in establishing standard negligence, where proof of duty, breach, and causation are necessary.
Final Thoughts
Navigating personal injury cases can feel overwhelming. However, with knowledge of concepts like negligence per se, you gain clarity on your rights and the potential paths you can pursue. If you believe you have experienced negligence, or have questions about your situation, contacting an experienced personal injury attorney can provide valuable guidance.
For deeper insights on negligence cases or assistance in your personal injury matter, consider reaching out to Goldfaden Benson today. Our team is committed to helping victims understand their rights and seek the justice they deserve.
