What Should You Do After A Car Accident?

Jacksonville Personal Injury Lawyer

Negligence Per Se in Car Accidents

Negligence per se is the legal doctrine that finds a defendant automatically guilty of negligence if it is proven that they have violated a law that is related to safety and has caused injury or harm as a result. One of the most common applications of negligence per se is during automobile accidents, as a very large number of car accidents involve a traffic violation of some kind, be it an illegal left turn, running a red light, or failure to yield. There are three main criteria that must be proven for a claim of negligence per se:

  • A law must be violated. Negligence per se does not apply when a traffic accident was simply the result of negligent driving; a law must actually be violated. However, depending on the jurisdiction, there may be laws against “reckless driving“, which would prove sufficient for negligence per se.
  • The law must be safety-related. In most traffic accidents, this will apply. However, certain exceptions may occur. If a driver is involved in an accident and then flees the scene, he or she has violated a law that is not specifically safety-related. It is important to contact an experienced car accident attorney, because the interpretation of this can vary from court to court.
  • There must be harm suffered, and the plaintiff must be in the class of people the law is designed to protect. This is typically the easiest set of criteria to prove. Most traffic safety laws are designed to protect other drivers, making both drivers involved in an accident among that class of people. Furthermore, they are designed to protect people from car accidents. Thus, in most cases, these criteria are already fulfilled. However, to protect yourself from exceptions, contact a personal injury lawyer as soon as possible.

Contact Us

This article is not intended to serve as, or as a replacement for, legal advice. If you have been injured in a car crash, contact Jacksonville personal injury lawyer Don Guthrie at 904-296-1088.








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