When filing a personal injury case after sustaining harm at the hands of a negligent party, it can be a tough battle to get the compensation you are entitled to. Unfortunately, not all personal injury cases are the same, as seen by negligence vs. negligence per se. Though these two legal terms sound similar, they do differ in terms of fulfilling the burden of proof that the negligent party should be held responsible for the injuries you’ve sustained. Keep reading to learn more about this complex issue and discover how a Tom Green County, Texas personal injury lawyer can help you navigate your case.
What Should I Know About Negligence Per Se?
In order to understand negligence per se, understanding ordinary negligence is a must. In general, personal injury lawsuits must prove that the action was negligent and therefore led to injury. However, negligence per se is the direct violation of laws set in place. For example, if you were injured by a speeding driver, you would not have to argue that the driver was reckless. Because they were breaking the law, it is automatic that their actions were negligent. Thus, the case primarily surrounds the compensation the injured party should receive.
How Is Negligence Per Se Proven?
In general, there are four elements that must be proven. Negligence per se, however, differs due to the fact that a law or statute was disregarded leading up to the event that caused the injury. This means that the burden of proof is easier to fulfill. The following must be illustrated:
- A violation in place to secure safety was breached by the defendant
- The breach directly led to and caused injuries
- The injury was what the law they violated was enacted to prevent
- The plaintiff was of the protected class
While there are some possible defenses to dispute these charges, generally, those charged with negligence per se are aware that they are violating the law and continue to disregard their duty of care. These are most prominent in car crash cases, as negligence per se can be proven through dash cameras and eyewitness testimony.
Should I Contact an Attorney?
If injured by a negligent party who chooses to violate the law, ensuring you reach out to an attorney as soon as possible is essential. Waiting too long to file a claim can make it harder to prove negligence and liability, so submitting your claim immediately after the event is vital to getting the best chance at securing justice.
At the Mathis Law Firm, we understand how essential it is to prove negligence per se after you’ve been harmed. We will do everything in our power to work with you to help you receive the justice you deserve following injuries caused by a negligent party. Contact us today to learn how we can help you.