What Is Negligence Per Se?

When you are injured because someone else fails to take the steps to keep you safe, it can be devastating. Not only can you be left in pain, but it can place considerable strain on your finances. If this reflects your circumstances, you may be able to file a lawsuit against the other party to fight for the compensation you deserve. Filing a claim can be complicated, as there are many things you must consider. One factor is whether the accident is considered negligence per se. If you are unsure what this means and how it can impact your case, the following blog and our Irvine personal injury lawyers can help you through these complicated issues.

What Does Negligence Per Se Mean and How Does This Differ From Regular Negligence?

Generally, negligence occurs when someone fails to exercise reasonable caution. Negligence per se, on the other hand, can occur when someone breaks a law or regulation intended to keep others safe, and that violation leads to an accident and subsequent injuries.

One of the most considerable differences between negligence and negligence per se is how simple it can be to prove negligence per se. For example, if you are involved in a car accident, you typically need to prove four elements: duty, breach, causation, and damage. These elements must be proven to hold the other party liable for an accident. Proving this negligence can be extremely challenging, as you need evidence to show the other party is liable. However, if you are injured because someone broke a law, such as driving while intoxicated, you will find that proving their negligence is much easier.

How Do You Prove Negligence Per Se?

Proving negligence per se, though easier than proving regular negligence, can still be a complicated legal matter. For example, if you are injured by a drunk driver and they are arrested at the scene because they are under the influence, this is an automatic breach of reasonable duty of care. As such, you will need to prove that their crime directly led to your accident and that the injuries you sustained were a direct result of their actions.

Though it can be easier to prove negligence per se, it is still a challenging issue. As such, it is in your best interest to connect with an experienced attorney who can assist you through these complicated matters.

Navigating any kind of personal injury case can be incredibly complex, which is why it is in your best interest to connect with an experienced attorney from California Personal Injury Law Firm, APC. We understand how overwhelming these matters can be, which is why we are here to assist you. When you are hurt, do not hesitate to reach out to our team for assistance.