How Does Negligence Per Se Work in California Car Accident Injury Cases?
If you’ve been hurt in a car accident, one of the big questions for recovering much-deserved compensation is how to prove the at-fault driver acted negligently and caused the wreck. Fortunately, California drivers have extra resources built into the law that can help them prove someone else was acting negligently when a collision occurred. Important evidence from your accident can help you build a strong case for recovery, so it’s important you speak with an experienced California car accident attorney today.
What is Negligence Per Se?
In California, negligence per se is a legal premise that presumes a defendant was negligent if they broke a law, rule, regulation, or ordinance when causing injury to someone else. To apply the theory of negligence per se to car accidents and other personal injuries, you must show:
- The defendant violated a law, statute, rule, ordinance, or regulation
- Violating the law at issue resulted in death, injury, or property destruction
- The harm was caused by an act the law was enacted to stop
- The victim was someone the law was designed to protect
For car accidents, this can apply in several cases – drivers must obey speed limits, make safe and legal lane changes, stop at red lights and stop signs, and avoid texting while driving, as a baseline. If you can find evidence that the other driver was texting or traffic camera footage showing they ran a red light, for instance, there’s a strong presumption they acted negligently and are liable for your damages.
Defenses Against Negligence Per Se
After you have established a defendant’s negligence per se, they have an opportunity to rebut the presumption. It’s difficult to do, but drivers can escape liability if they show:
- Given their circumstances, the violation was reasonable
- They used reasonable care to try and follow the law
- Obeying the law would have posed a greater harm risk than failing to do so
- They had an emergency situation which wasn’t caused by their personal misconduct
The defendant may also offer the defenses that they didn’t violate a law, the victim wasn’t part of the group the law was intended to protect, and their violation of the law wasn’t the cause of the victim’s injuries.
Contact a California Car Accident Attorney Today
If you were injured in a car accident, you know how difficult it can be to prove fault and gather important evidence that may help your case. The skilled California Car Accident Attorneys at Daneshrad Law have years of experience investigating complex crashes, dealing with difficult insurers, and fighting for victims like you to recover full compensation for your damages. Alan Daneshrad knows how to deliver results; he’s secured millions in compensation for his clients’ injuries. Call us 24/7 at (888) 881-3529 to schedule a free initial case consultation. Let us evaluate your case and help you get started on the road to recovery today.
