What if the Driver Who Hurt Me Was Breaking the Law?

 Posted on May 30, 2023 in Car Accident

Driving privileges come with a lot of rules to follow. You must keep working headlights on your vehicle. You must obey stop signs. You may not drive while you are intoxicated. There is a very good reason that so many laws exist to govern the way people can use the roads - it is to promote public safety. When a driver breaks a law that is designed to protect public safety, a legal concept called “negligence per se” comes into play. If you were hurt in a motor vehicle accident due to the illegal actions of another driver, an attorney may be able to help you recover compensation. 

What Does “Negligence Per Se” Mean in Texas?

“Negligence” can be somewhat subjective at times. Reasonable people may disagree about whether a certain driving behavior truly reflects carelessness. However, the case can become much more objective when the at-fault driver was clearly breaking the law. It is often easier to prove that a driver violated a statute, such as by running a red light, than it is to prove that the driver was, say, distracted talking to their passenger. 

An important requirement to demonstrate negligence per se is that the law broken must have been a law designed to promote public safety. Most rules of the road fall into this category. Speeding, drunk driving, ignoring stoplights, and texting while driving are all against the law because they are dangerous behaviors that can cause people to get hurt. 

How Can Negligence Per Se Help Accident Victims?

This can be beneficial in helping accident victims settle their cases and receive a fair settlement without having to go through a potentially lengthy and costly trial. At-fault drivers and their insurance companies alike may be more amenable to settling the case out of court in this instance. 

What Are Some Examples of Negligence Per Se in Car Accidents?

Examples of illegal driving behaviors that might fall under the category of negligence per se include: 

• Texting while driving

• Speeding

• Running a stoplight or stop sign

• Driving intoxicated

• Failure to yield 

• Following too closely

It is important to also note that just because a dangerous driving behavior is not illegal on its face, does not mean that it is not legally negligent. It is important to consult a qualified attorney if you are hurt in a car accident, as the legal analysis can be complex.

Call a Collin County Car Accident Lawyer

Whether your injuries were caused by a driver who was negligent per se or just plain negligent, Burress Injury Law may be able to help you recover compensation. Our experienced McKinney car crash attorneys are skilled at analyzing car accidents to present the strongest arguments on your behalf. Call our law office at 214-726-0016 when you are ready to schedule a free consultation. 

Source: 

https://www.txdot.gov/inside-txdot/division/traffic/safety/laws.html