Negligence per se is one kind of legal liability for a personal injury accident. It’s important to know what it is and how it applies to your case. If you’re the victim of a drunk driving accident, you might wonder if the other side’s behavior amounts to negligence per se. Our personal injury attorneys explain whether drunk driving is negligence per se.
Yes, drunk driving is negligence per se. Negligence per se exists when a person violates a law that clearly applies to their course of conduct. The law must exist to protect people from getting hurt the way that the victim gets hurt. In addition, the accident must result from the defendant’s conduct. When all these circumstances are present, drunk driving is negligence per se.
How does negligence per se apply in drunk driving cases?
Negligence per se applies in drunk driving cases to prove that the defendant’s conduct fell below reasonable standards. Typically, in a personal injury case, the victim has to prove that the defendant’s behavior isn’t reasonable. First, the victim has to show what the defendant did. Then, they have to convince the jury that a reasonable person wouldn’t have acted in the same manner.
When negligence per se applies, the victim can skip the step of proving that the defendant’s conduct is unreasonable. The violation of the law in and of itself is unreasonable. Drunk driving is a law that is made to protect the public. When a person is hurt by a drunk driver, they’re a victim of a violation of law. Legally, that’s enough to prove legal fault for the personal injury drunk driving case.
Proving a drunk driving negligence per se case
Even when negligence per se applies to a case, there is still important work to do in order to win the case. As the victim, you must prove that negligence per se applies. You must also prove all of the other elements of a personal injury claim. For example, you need to prove the amount of your damages. You must also prove that the damages you have are the result of a drunk driving accident.
Whether or not you have negligence per se in a drunk driving case doesn’t depend on what happens in a criminal matter. Don’t assume that you don’t have a drunk driving personal injury case simply because the defendant is not criminally charged or because they’re ultimately not convicted of the charges. It’s important to speak with a personal injury law firm in order to determine whether negligence per se applies and understand what else you might need to know about your claim.
Personal injury attorney for drunk driving negligence per se
Have you been hurt by a drunk driver? Are you wondering how negligence per se might apply to the case? Let our personal injury law firm explain drunk driving negligence per se. See what you might qualify to recover for your case. Contact us today to speak to our team about your case.