Assumed Negligence — What You Should Know
In an automobile accident case, negligence must be proven to establish who the accountable party is. The accountable party is held fiscally responsible for damages. However, in some scenarios, negligence does not have to be proven. It is presumed and is known as negligence per se. Here’s what you need to know about negligence per se, or presumed negligence, and how it might affect your case.
An Explanation of Negligence Per Se, or Assumed Negligence
Negligence per se, to put it simply, is presumed negligence because a law was broken. This implies that the act that caused damage will not require evidence to show that a reasonable person would have acted otherwise in the same scenario. Nor does it have to be confirmed that the at-fault person owed a duty of care to the injured person. In cases where someone broke the law and injured someone else while breaking the law, and the law was designed to protect a group to whom the individual belonged, negligence is usually assumed.
Negligence Per Se in Car Accident Cases
Car accidents are one of the most frequently seen instances of negligence per se cases. For example, when a person who was drinking and driving causes an injury, they are generally considered negligent and at fault for the crash. This is because it is against the law to drink and drive. The law against drinking and driving was created to protect other drivers, a group to which the injured individual belongs.
Does a Negligence Per Se Case Have to Prove Anything?
Although negligence is assumed, several things still need to be proven on a legal front. This is despite the fact that the burden of proof in a negligence case isn’t the same as other types of personal injury cases. It must be established that:
- The person at fault broke a law
- The law that has been broken had the intention to keep the people safe
- Anyone who was injured belongs to the group of people the law is made to protect against injury
Collecting Damages in a Negligence Per Se Case
People who were injured in an automobile crash brought on by presumed neglect are likely eligible for compensation for the damages they suffered because of the accident. This includes lost wages, medical bills, and pain and suffering. Collecting full and fair compensation from an at-fault party can be complex though, and it’s important to work with an experienced car accident lawyer.
Contact Paul W. Ralph today for a free consultation to discuss how you may be able to obtain the compensation you and your family deserve after a car crash. Mr. Ralph has been an auto accident attorney for nearly 30 years. His personal injury practice in the City of Orange is centrally located such that he can represent clients all over Orange County and throughout Southern California.