Negligence per se - distracted driving

The legal doctrine of negligence per se simplifies proving fault in specific cases. Built upon the concept of breaching one’s duty, this principle applies when a person breaks a regulation designed to protect others. Unlike traditional negligence, where plaintiffs must show unreasonable behavior, negligence per se sets liability when a legal rule is broken.

To better understand negligence per se, consider distracted driving—a common hazard on the roads. Attorney Vince Sowerby, a respected attorney specializing in personal injury cases, explains that this issue is often an example of this doctrine. “When drivers text, eat, or engage in distractions while driving, they frequently violate traffic laws intended to prevent harm. That violation itself can constitute negligence per se.

### Understanding Its Distinction from General Negligence

Negligence per se removes the need for plaintiffs to establish that a reasonable person would act differently. In general negligence cases, proving liability involves showing these four elements:
1. **Duty of Care** – The defendant owed a duty to the plaintiff.
2. **Breach of Duty** – The defendant breached that duty.
3. **Causation** – The breach caused harm.
4. **Damages** – The plaintiff suffered losses.

With negligence per se, the law itself defines the duty. When someone violates it, they have breached their duty. Sowerby notes, “The legal violation serves as proof.”

### Distracted Driving: A Prime Example

Distracted driving laws offer a clear example. Many states prohibit phone use or require hands-free devices. These statutes exist to protect drivers and pedestrians.

Suppose a driver is texting and rear-ends another vehicle. If texting while driving is illegal, the injured party can invoke negligence per se to establish liability. This framework eliminates questions about reasonableness because the violation itself confirms negligence.

### The Legal Framework

For negligence per se to be valid, certain criteria must be met:
1. **Statutory Violation** – The defendant violated a specific law.
2. **Protected Class** – The law must aim to safeguard the injured party.
3. **Harm Alignment** – The harm caused must be the specific injury the rule addresses.
4. **Causation** – The violation caused the harm.

Distracted driving laws often meet these criteria. For example, anti-texting laws prevent collisions. When a driver violates these laws, their actions directly correlate to the harm caused.

### Why It Matters

Negligence per se streamlines the legal process, especially in situations involving statutory violations. For plaintiffs, it removes ambiguity, allowing them to address the harm suffered.

Attorney Vince Sowerby highlights the importance of understanding this legal tool. “Many people hesitate to file claims because they fear the complexity. Negligence per se removes much of the guesswork, particularly when laws have been violated outright.”

### Conclusion

Negligence per se ensures accountability when laws meant to protect others are ignored. Distracted driving shows how this doctrine works. Vince Sowerby advises using this principle to claim the damages they deserve, reinforcing the value of public safety.

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Vince Sowerby Breaks Down Negligence Per Se and Driver Distraction

Negligence Per Se is a law principle that simplifies the process of proving negligence in specific circumstances. Unlike general negligence claims, where individuals must establish the defendant's obligation, breach, causation, and damages, negligence per se automatically presumes a responsibility and breach when particular legal violations occur.

In essence, negligence per se applies when a defendant violates a law or regulation designed to ensure public safety, and that violation clearly causes harm to a person the law was intended to protect. This legal principle serves as a shortcut, allowing judges to focus on causation and damages rather than debating whether the defendant acted negligently.

One of the most common examples of negligence per se is **distracted driving**, a behavior that has become increasingly prevalent with the rise of mobile devices and other distractions behind the wheel. Distracted driving laws, such as prohibitions against texting while driving, are designed to safeguard everyone on the road from avoidable accidents. When a person breaks these laws and causes an accident, they can be found automatically negligent.

### How Negligence Per Se Works

For negligence per se to be relevant, four elements must typically be met:
1. **The defendant violated a statute or regulation** – For instance, texting while driving goes against laws in most states.
2. **The law was enacted to prevent the type of harm that occurred** – Texting bans are intended to reduce car accidents caused by driver inattention.
3. **The plaintiff was among the group of people the law was designed to protect** – Road users, including drivers, passengers, cyclists, and pedestrians, are intended beneficiaries of distracted driving laws.
4. **The statutory violation caused the plaintiff’s injury** – A clear connection must exist between the violation and the harm, such as a crash caused by a driver who was texting.

When these criteria are met, the court presumes the defendant was negligent. This means the plaintiff doesn’t need to prove the defendant's behavior was careless—only that it broke a statute and caused harm.

### Distracted Driving as a Case Study

Consider this scenario: A driver checks their phone to read a text message, runs a red light, and crashes into another vehicle. The driver violated a traffic law designed to prevent accidents, and their behavior clearly caused harm. Under negligence per se, the injured party can argue that the statutory violation is enough to establish the driver’s negligence.

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Vince Sowerby Explains Distracted Driving Laws and Negligence Per Se

Negligence per se is a legal doctrine that streamlines the procedure of proving negligence in specific circumstances. Unlike traditional negligence claims, where plaintiffs must establish the defendant's duty of care, breach, causation, and damages, negligence per se instantly presumes a duty and breach when particular legal violations occur.

In summary, negligence per se arises when a defendant breaks a law or regulation designed to protect the public, and that violation clearly causes harm to someone the law was intended to protect. This legal principle serves as a shortcut, allowing courts to focus on causation and damages rather than debating whether the defendant was at fault.

One of the most common examples of negligence per se is **distracted driving**, a behavior that has grown more common with the rise of mobile devices and other distractions behind the wheel. Distracted driving laws, such as prohibitions against texting while driving, are designed to safeguard everyone on the road from avoidable accidents. When someone breaks these laws and causes an accident, they can be found automatically negligent.

### How Negligence Per Se Works

For negligence per se to be relevant, four elements must generally be met:
1. **The defendant violated a statute or regulation** – For instance, texting while driving goes against laws in most states.
2. **The statute was enacted to prevent the type of harm that occurred** – Texting bans are intended to reduce car accidents caused by driver inattention.
3. **The plaintiff was among the group of people the law was designed to protect** – Road users, including drivers, passengers, cyclists, and pedestrians, are intended beneficiaries of distracted driving laws.
4. **The statutory violation caused the plaintiff’s injury** – A clear connection must be established between the violation and the harm, such as a collision caused by a driver who was texting.

When these criteria are met, the legal system presumes the defendant was negligent. This means the plaintiff doesn’t need to prove the defendant's behavior was careless—only that it broke a statute and resulted in harm.

### Distracted Driving as a Case Study

Consider this scenario: A driver checks their phone to read a text message, runs a red light, and crashes into another vehicle. The driver violated a traffic law designed to prevent accidents, and their behavior clearly caused harm. Under negligence per se, the injured party can argue that the statutory violation is enough to establish the driver’s negligence.

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