Negligence per se is a powerful tool in personal injury cases, especially in car accidents in Fresno. If someone violates a law meant to protect people and causes an accident, they are automatically considered negligent.

This can be particularly relevant in cases involving traffic violations, workplace safety, and property maintenance in Fresno.

For instance, if a driver runs a red light on Shaw Avenue and crashes into another vehicle, the fact that they broke a traffic law could automatically proves that they were at fault.

Instead of having to prove that a driver or any other person acted carelessly, all your personal injury lawyer in Fresno has to show is that the at-fault party broke a law designed to keep people safe.

If they violated a traffic law and that violation led to an accident, they are automatically considered negligent. This can make things a lot easier for someone who has been injured in an accident.

How the Law Defines Negligence Per Se

According to Restatement (Third) of Torts §14, negligence per se applies when:

• A person violates a statute (law) designed to prevent a certain type of harm.
• The person who was harmed must be someone the law was meant to protect. Traffic laws, for instance, are designed to protect all road users, including drivers, pedestrians, and cyclists.
• The violation of the law directly caused the injury.
• The injury must have been a direct result of the law being broken. If someone was speeding, but their speeding had nothing to do with the accident, negligence per se wouldn’t apply.

However, there are exceptions under Restatement (Third) of Torts §15. If the law was unclear, or if the driver made an honest effort to follow the law but couldn’t because of circumstances beyond their control, negligence per se may not apply. 

For example, if a driver ran a red light because their brakes suddenly failed and they had no way to stop, they might not be found negligent per se. 

Negligence Per Se vs. Ordinary Negligence

It’s important to understand how negligence per se is different from ordinary negligence. In a regular negligence case, the injured person has to prove four things:

1. The other driver had a duty to drive safely.
2. They breached that duty by driving carelessly.
3. Their careless actions caused the accident.
4. The accident resulted in damages.

This can sometimes be hard to prove because the injured person has to show exactly how the other driver was being careless.

But with negligence per se, things are much simpler. Instead of proving carelessness, you only have to prove that the driver violated a law and that the violation caused the accident. This shifts the burden onto the defendant to prove they had a valid excuse for breaking the law.

Defenses Against Negligence Per Se

Negligence per se is not always a slam dunk case. The person accused of negligence can try to argue that they had a valid reason for breaking the law. Under California law (Evidence Code Section 669), defendants can defend themselves by proving:

• They made a reasonable effort to follow the law. For example, if a driver swerved into another lane to avoid hitting an animal on the road, their violation might be excused.
• An emergency forced them to break the law. If someone had a medical emergency and had to speed to the hospital, they might not be found negligent per se.
• The law itself was unclear or impossible to follow. Sometimes, traffic signs are missing or unclear, making it hard for drivers to obey the law.

Conclusion

Negligence per se can make legal claims more straightforward for accident and injury victims in Fresno. If the at-fault party violated a law, proving their liability is easier. This means victims may get compensation faster for medical bills, time and money lost due to inability to work, and pain and suffering.

Disclaimer: The information provided in this article is for general informational purposes only and should not be taken as legal advice. Laws and regulations vary by location and may change over time. Always consult with a qualified legal professional regarding your specific situation.