Breaking The Law in Your Mississippi Auto Accident
If you are involved in a car accident in which the other driver broke the law, it may change the nature of your claim against the other driver entirely. The driver who caused the accident may be negligent per se. Negligence per se is defined as an act that is negligent because it violates a law that has been designed to protect the public. Put a citation here. It is an entirely separate cause of action or distinct legal claim from ordinary negligence. In the context of traffic accidents, an offending driver can be negligent per se if they were driving:
- Over the speed limit at the time of the accident;
- Down the wrong way on a one-way street;
- Under the influence of drugs or alcohol;
- Without their headlights on at night time.
Different From a Regular Claim of Negligence
Since negligence per se is an entirely different claim of negligence, it has different elements that must be shown in order to successfully recover. In order to recover on a claim of negligence per se, a plaintiff must show that:
- The defendant violated a law;
- The intent of the law was the prevention of the injury that was caused; and
- The injured plaintiff is a part of the class of people that the law was intended to protect.
In general, a claim of negligence per se is easier to prove than a regular claim of negligence. The elements are often easy to show, especially in a traffic accident. Consider the following example. You come to a four-way stop in your car. You look both ways before proceeding. Suddenly another car rolls past the stop sign and collides with you. You have a neck injury and your car is totaled in the accident.
Is this an example of negligence per se? Definitely. The driver of the car who blew past the stop sign broke the law by not following the rules of traffic and coming to a complete stop at the stop sign. Traffic rules are in place to prevent injuries caused by negligent drivers. You were injured in the accident and are a part of the class of people, the general public, that the law was intended to protect. However, often other factors are in play which can make a somewhat simple case more complicated.
Consult With a Biloxi Personal Injury Attorney
While negligence per se claims may generally be easier to show, it does not make the process of recovering any less complicated for the injured party. Only an experienced personal injury attorney has the necessary knowledge and skills to guide you through your negligence claim against another driver or responsible party. If you are ever injured in the greater Biloxi area by a negligent driver, consult with the attorneys at the Law Offices of Judy Guice. Contact us for a free initial consultation about your case at (228) 374-9787.