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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