Negligence per se - distracted driving

The legal doctrine of negligence per se simplifies proving fault in specific cases. Rooted in the idea of a breach of duty, it comes into play when a person breaks a regulation meant to safeguard people. Unlike traditional negligence, where the injured party must prove carelessness, negligence per se sets liability if a law was violated.

To illustrate negligence per se, consider distracted driving—a modern problem on the roads. Attorney Vince Sowerby, a respected attorney specializing in personal injury cases, explains that this issue is often an example of this doctrine. “When motorists text, eat, or engage in distractions while driving, they frequently break safety rules created to protect people. That breach alone can meet the criteria for this doctrine,” Sowerby states.

### How It Differs From General Negligence

Negligence per se eliminates the necessity for plaintiffs to prove the defendant acted unreasonably. In general negligence cases, establishing fault involves demonstrating these four elements:
1. **Duty of Care** – The defendant owed a duty to the plaintiff.
2. **Breach of Duty** – The defendant breached that duty.
3. **Causation** – The breach caused harm.
4. **Damages** – The plaintiff suffered losses.

With negligence per se, a statute sets the standard. If the defendant broke it, they have breached their duty. Sowerby notes, “The law replaces the need for subjective standards.”

### Distracted Driving: A Prime Example

Distracted driving laws highlight this doctrine in action. Many states ban texting while driving or require hands-free devices. These laws aim to prevent accidents.

Suppose a motorist texts and causes an accident. If texting while driving is illegal, the injured party can use this doctrine to prove the driver’s fault. This approach eliminates the need to debate recklessness because the violation itself confirms negligence.

### The Legal Framework

For negligence per se to apply, certain conditions must be fulfilled:
1. **Statutory Violation** – The defendant broke a specific law.
2. **Protected Class** – The law must exist to protect the plaintiff.
3. **Harm Alignment** – The harm caused must be the specific injury the rule addresses.
4. **Causation** – The violation caused the harm.

Distracted driving laws easily satisfy these requirements. For example, texting bans exist to stop accidents. When a driver violates these laws, their negligence per se is clear.

### Why It Matters

Negligence per se makes proving liability easier, especially in situations involving statutory violations. For plaintiffs, it removes ambiguity, allowing them to focus on damages and causation.

Attorney Vince Sowerby highlights the importance of understanding this legal tool. “Many people hesitate to file claims because they fear the complexity. Negligence per se removes much of the guesswork, particularly when laws have been violated outright.”

### Conclusion

Negligence per se holds people responsible when laws meant to protect others are violated. Distracted driving demonstrates its practical application. Vince Sowerby advises using this principle to pursue fair compensation, reinforcing the value of public safety.

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