Understanding Negligence Per Se In Accident Cases
When you are injured in an accident because another party has broken the law, you may be entitled to compensation. The legal concept that applies in these types of cases is known as negligence per se. Negligence per se can be very helpful in helping you successfully settle your case.
Usually, when you file a lawsuit in an accident claim, you must show that the party you believe caused the accident failed to act reasonably under the circumstances. Negligence per se can make it simpler for you to win you case. This concept allows you to presume that the other party was negligent because he or she simply broke or violated the law that is designed to protect the general public.
If you are able to successfully prove negligence per se caused your injuries, you will be awarded damages. Damages are awarded regardless of whether or not the responsible party received a separate criminal sanction for the violation of the law.
3 Important Aspects of Successful Negligence Per Se Cases
Your Los Angeles accident lawyer must prove the following under a negligence per se theory:
- The other party must have violated a law that caused you some type of harm. For instance in a car accident case, if someone runs a stop sign and hits you while you are in the a crosswalk, causing severe injury.
- The law must be shown that it was designed to protect people from injury. In the above example, motorists must stop at stop signs so pedestrians can safely cross at intersections.
- Someone acted in a way that failed to care for the public, meaning that a ‘reasonable person’ in the same situation would not have caused injuries to others. In the same example,cautious drivers do not run stop signs. Instead they stop and make sure pedestrians are not in the crosswalk.
In a negligence per se concept, the law is the standard of care. This means, that as the injured party, you are not required to prove how a ‘reasonable person’ would have behaved, just that the law was broken. One way your attorney can prove this is by using testimony of witnesses to the accident. Another way to prove negligence per se is to show that your injuries were caused as a result of the other party breaking a law that was designed to prevent such injuries.
Call a Los Angeles Accident Attorney Today!
The legal team at the Law Offices of Samer Habbas is dedicated to helping our injured accident victims and their loved ones reach the best monetary settlement when they are involved in any type of accidents.
If you believe that you were injured in an accident caused as a result of another individual breaking a certain law, our experienced Los Angeles accident attorneys are available to personally review your case. Call us at 1-888-848-5048 to schedule a free, complimentary consultation with our legal team today.