Negligence Per Se Based on Traffic Law Violations

Negligence can be tricky, especially in car accident cases. If you broke a law before a crash occurs, you could be held liable under negligence per se.

Negligence per se is a legal doctrine that automatically considers someone negligent if they violate a statute or regulation designed to protect public safety, and that violation directly causes injury. In car accidents, traffic laws are the most common source.

Common examples include:

• Speeding.
• Running a red light or stop sign.
• DUI or DWI.
• Distracted driving.
• Failure to yield.

Key Elements

In Texas, a negligence per se claim generally requires that:

• A statute, ordinance, or regulation exists that is designed to protect a certain class of people (drivers, passengers, and pedestrians) from harm. Examples include speed limits, stop signs, red-light compliance, DUI laws, and texting-while-driving prohibitions.
• The defendant violated that statute. Examples include running a red light, speeding through a school zone, failing to yield at a crosswalk.
• The violation caused the plaintiff’s injuries. There must be a direct link between the traffic law violation and the accident. If the accident would have occurred regardless of the violation, negligence per se may not apply.
• The plaintiff is within the class of people the statute is meant to protect. For traffic laws, passengers, other drivers, and pedestrians are typically included.

Negligence per se eliminates the need for the injured party to prove that the defendant breached a general duty of care. The law violation itself establishes negligence.

Courts often treat traffic violations as strong evidence of fault in both settlement negotiations and trials. Juries can be instructed that violation of a traffic law is evidence of negligence, potentially simplifying litigation.

Negligence pro se is often used in:

• Evidence collection. Police reports documenting traffic violations are crucial.
  Expert testimony. Accident reconstruction can show how the violation directly caused the crash.
• Settlement leverage. Insurance adjusters often take traffic law violations seriously, potentially leading to higher settlements.

However, there are some limitations. Texas follows a modified comparative fault system. Even with negligence per se, a plaintiff’s recovery may be reduced if they are partially at fault. Also, courts may consider valid excuses, such as emergency situations, though these are narrowly applied. The statute violation must be the proximate cause of the injuries. This means that if other factors caused the crash, negligence per se may not apply.

Contact a Personal Injury Lawyer

Traffic law violations can lead to liability in a resulting accident, which may not be fair. It is important to understand your legal rights when it comes to car accidents and liability.

Get the legal help you need from a Houston car accident attorney from The West Law Office, PLLC. We can help you deal with all the logistics. Schedule a consultation with our office today by filling out the online form or calling (281) 347-3247.

Source:

law.cornell.edu/wex/negligence_per_se