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 party breaks a regulation meant to safeguard people. Unlike traditional negligence, where the injured party must prove carelessness, negligence per se automatically establishes fault if a law was violated.

To better understand negligence per se, take the example of 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 drivers text, eat, or engage in distractions while driving, they frequently break safety rules intended to prevent harm. That violation itself can constitute negligence per se.

### How It Differs From General Negligence

Negligence per se eliminates the necessity for plaintiffs to establish that a reasonable person would act differently. 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 defines the duty. If the defendant broke it, they have breached their duty. Sowerby notes, “The legal violation serves as proof.”

### Why Distracted Driving Fits the Doctrine

Distracted driving laws highlight this doctrine in action. Many states prohibit phone use or require hands-free devices. These statutes exist to protect drivers and pedestrians.

Suppose a motorist texts and rear-ends another vehicle. 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 law already defines the behavior as unsafe.

### Essential Elements

For negligence per se to be valid, certain criteria must be met:
1. **Statutory Violation** – The defendant violated a specific regulation.
2. **Protected Class** – The law must aim to safeguard the injured party.
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.

### The Significance of Negligence Per Se

Negligence per se streamlines the legal process, especially in cases like distracted driving. For injured parties, it removes ambiguity, allowing them to address the harm suffered.

Attorney Vince Sowerby highlights the importance of understanding this legal tool. “Many people feel unsure about seeking justice because they fear the complexity. Negligence per se simplifies things, particularly when laws have been violated outright.”

### Conclusion

Negligence per se ensures accountability when laws meant to protect others are ignored. 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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