A preventable accident can be a devastating event, especially when victims of the accident sustain serious injuries. The situation can be even more stressful if the accident was caused because someone was breaking a law. There are many different laws in place intended to protect the general public. When someone violates a rule intended to protect others and subsequently causes a harmful accident, negligence per se laws might be used against them in a personal injury case. To learn more about these laws, please read on, or you can reach out to one of our Hartford County Personal Injury Lawyers for individualized legal counseling.
WHAT DOES “NEGLIGENCE PER SE” MEAN?
Negligence per se literally means negligence in itself. These laws can be applied to personal injury cases when the defendant (the person who caused the accident) violated a regulation when causing the accident. In cases where this happens, the defendant is technically already considered negligent in court. The victim still needs to prove how the defendant’s actions caused their injuries. Negligence per se may ensure that preventable accident victims have an easier time earning compensation for their injuries.
HOW IS NEGLIGENCE PROVEN IN PERSONAL INJURY CASES?
There are normally four steps to proving negligence in personal injury cases:
- Duty – The defendant had a duty of reasonable care, meaning they are expected to act a certain way to minimize harm to others.
- Breach – The defendant breached this duty of reasonable care by acting improperly or failing to act.
- Causation – The defendant’s breach of duty caused an accident that could have been avoided.
- Damages – The victim suffered injuries as a result of the defendant’s inappropriate actions.
However, these steps change when negligence per se comes into play. Since negligence per se cases involve a defendant who broke a law, the victim won’t need to worry about proving duty and breach. These two steps are essentially dismissed. This is because the defendant automatically breached their duty of reasonable care when they violated a regulation. The argument then becomes whether the defendant’s improper behavior directly led to the victim’s injuries, not whether the defendant acted improperly at all.
Have you recently been injured in a preventable accident caused by someone else’s irresponsible actions? If so, you might want to speak with a trusted personal injury lawyer who can help you to determine your best options going forward. Thankfully, the Law Office of Marc N. Needelman is on your side! Contact our highly experienced team today for an initial consultation.