Negligence per se - distracted driving

Negligence per se is a legal doctrine that makes it easier to establish liability in certain situations. Built upon the concept of breaching one’s duty, this principle applies when a person breaks a regulation designed to protect others. Unlike general negligence, where plaintiffs must show unreasonable behavior, 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 well-known legal professional 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 removes the need for plaintiffs to establish that a reasonable person would act differently. In general negligence cases, proving liability involves showing 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. When someone violates it, they are automatically liable. As Vince Sowerby explains, “The legal violation serves as proof.”

### 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 statutes exist to protect drivers and pedestrians.

Suppose a driver is texting and causes an accident. If texting while driving violates a state law, the injured party can invoke negligence per se to prove the driver’s fault. This framework eliminates the need to debate recklessness because the law already defines the behavior as unsafe.

### The Legal Framework

For negligence per se to be valid, certain criteria must be met:
1. **Statutory Violation** – The defendant violated 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 often meet these criteria. For example, texting bans exist to stop accidents. If a motorist disobeys such rules, their negligence per se is clear.

### The Significance of Negligence Per Se

Negligence per se makes proving liability easier, especially in cases like distracted driving. For injured parties, it removes ambiguity, allowing them to address the harm suffered.

Attorney Vince Sowerby encourages victims to use this doctrine. “Many people hesitate to file claims because they find the process daunting. Negligence per se removes much of the guesswork, particularly when laws have been clearly broken.”

### Final Thoughts

Negligence per se ensures accountability when laws meant to protect others are violated. Distracted driving shows how this doctrine works. Vince Sowerby advises using this principle to pursue fair compensation, reinforcing the importance of following laws.

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