Brandy Austin Law Firm PLLC
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Personal Injury Lawyer

In a regular personal injury case, the injured party will have to prove that there was negligence and that their injury was due to that negligence. Negligence will be proved by showing that the defendant acted in a way that a reasonable person would not have under the circumstances and because of those actions, the plaintiff was injured. In a case where there is negligence per se, the person is said to have been negligent simply because they violated a statute or regulation. The plaintiff will not need to prove whether or not the defendant acted in a way that a reasonable person would have. However, there are a few elements that must be met in order for there to be negligence per se in a situation.  An experienced personal injury lawyer will be able to recommend the best course of action based on the needs of your unique situation.

In order for there to be negligence per se, the injured party must show:

  1. There was a statute or regulation that was designed to prevent the type of injury that the plaintiff incurred and that the defendant violated it
  2. The injured person was in the class of people that the statute or regulation was designed to protect
  3. The injury was caused by the defendant’s violation of the statute or regulation

Example: A pedestrian is injured due to being struck by a vehicle as they are walking on a crosswalk by a driver who runs a stop light. In this case, there would be negligence per se because there are traffic laws that make it illegal to run stop lights in order to protect other people on the road including pedestrians. Because the pedestrian was in the class of people that the statute seeks to protect and their injuries were caused by the violation of the statute, the pedestrian would not need to prove that there was negligence because there was negligence per se.

In a personal injury case, it is important to be able to identify the type of negligence in order to be able to file a claim with insurance companies where the injured party will be compensated. Regular negligence is sometimes a little more difficult to prove than negligence per se, so it can be a way that plaintiffs are able to be compensated for their injuries when they otherwise could not if negligence alone was too difficult to prove. 

Regardless of the situation, it is always a good idea to hire an experienced personal injury attorney who will be able to analyze your case and determine the best way to make sure that you will be adequately compensated. That’s why you should call Brandy Austin Law Firm, PLLC today. We will fight for the compensation you deserve. Contact us today to schedule a consultation.