Negligence Per Se and Your Florida Car Accident Claim
In order to receive financial compensation for injuries that you or a family member received during a car accident, you have to show that someone else’s negligent action was responsible for the accident that caused your injuries. Anytime a car accident involves negligence per se, proving fault is often much easier.
When Does Negligence Per Se Apply?
Negligence per se implies that a person was inherently negligent because she or he broke a law that was created for the safety and protection of others.
As it applies to a car accident, negligence per se could apply if the negligent driver broke one of the below-listed driving laws and was responsible for the accident because they were:
- Driving too fast
- Disregarding a stoplight
- Using their cell phone while driving
- Driving recklessly
- Driving while drunk
Does the At-Fault Party Have Any Legal Defense?
The at-fault driver is able to challenge a case of negligence per se by using one of the very few legitimate defenses that could justify a breach of driving safety laws, such as:
- The at-fault driver was incapacitated. If they were having a stroke or any other kind of medical emergency and it resulted in their loss of control over their vehicle, then negligence per se might not apply.
- The at-fault driver did their due diligence. They made every reasonable effort to obey the law but were unable to avoid an accident.
- An emergency situation unrelated to the at-fault driver’s infraction took place. An example of this would be a piece of debris falling into the path of their vehicle.
- The at-fault driver’s infraction was intended to serve the greater good. If the driver had obeyed the law, more damage would have been caused.
Establishing Negligence Per Se
If negligence per se does apply to your car accident, then the offender’s duty of care and their failure to back up that duty are unquestionably accepted. This means that you will not have to go through the hassle of proving the various complex elements of the other person’s negligence.
You will, however, still be expected to present evidence supporting their claim of negligence per se. An experienced Florida personal injury attorney will know the most effective how to collect hard evidence and formulate a solid argument to establish proof of the offender’s negligent behavior, including:
- Showing evidence that they were in violation of a federal, state, or municipal law
- The at-fault driver broke a law that was created for your protection
- Your injuries were caused by the at-fault driver’s breach of traffic law, and due to this breach, you sustained an injury that the broken law was intended to prevent
- The main cause of your injury was the at-fault driver’s driving infraction. Your injury never would have happened had they not broken the law.
If some other element contributing to your injury, then negligence per se might not apply to your case. The Tampa personal injury attorneys at Fulgencio Law are able to explain in greater detail how this legal doctrine of negligence per se works and whether or not it applies to your Florida car accident claim.
Reach out to our personal injury law offices in Tampa today by calling (813) 463-0123 and scheduling an appointment for your free, no-obligation personal injury consultation with one of our experienced attorneys.
