Negligence per se - distracted driving

Negligence per se is a legal doctrine that simplifies proving fault in specific cases. Built upon the concept of breaching one’s duty, this principle applies when a party violates a law meant to safeguard people. Unlike general 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 well-known legal professional specializing in personal injury cases, clarifies 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 meet the criteria for this doctrine,” Sowerby states.

### Understanding Its Distinction 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, the law itself sets the standard. If the defendant broke it, they have breached their duty. As Vince Sowerby explains, “The legal violation serves as proof.”

### Why Distracted Driving Fits the Doctrine

Distracted driving laws offer a clear example. Many states ban texting while driving or have laws about distractions. These laws aim to prevent accidents.

Suppose a motorist texts and causes an accident. If texting while driving violates a state law, the injured party can use this doctrine to prove the driver’s fault. This framework eliminates questions about reasonableness because the violation itself confirms negligence.

### The Legal Framework

For negligence per se to apply, certain conditions must be met:
1. **Statutory Violation** – The defendant violated a specific regulation.
2. **Protected Class** – The law must exist to protect the plaintiff.
3. **Harm Alignment** – The harm caused must be the type the law was designed to prevent.
4. **Causation** – The harm must directly result from the breach.

Distracted driving laws easily satisfy these requirements. For example, anti-texting laws prevent collisions. If a motorist disobeys such rules, their actions directly correlate to the harm caused.

### The Significance of Negligence Per Se

Negligence per se streamlines the legal process, especially in cases like distracted driving. 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 simplifies things, particularly when laws have been violated outright.”

### Final Thoughts

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 claim the damages they deserve, reinforcing the value of public safety.

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