If you intend to sue another driver for your injuries sustained in a car accident, you must prove that the person you sue was negligent. That is, if the other driver had acted with reasonable care, the accident and subsequent injuries could have been avoided. You must also show that you suffered damages as a result of the accident in order to be reimbursed for any property damage, medical bills, lost wages or pain & suffering. This is true for any Pennsylvania personal injury case. The burden of proof is easier, however, thanks to the concept of negligence per se.
What is Negligence per se?
Basically, negligence per se is a term used when there is a law in place that is there to protect any citizen which is broken by a negligent person. When a driver runs a stop sign, they put others in danger by not obeying the laws put in place, and their breaking of that law is negligent per se. If they cause an accident, any injuries sustained could be the basis for a lawsuit under negligence per se. The same concept applies with laws regarding speeding, drinking and driving, and many more.
Negligence per se does not apply in every case. However, if you have been harmed by a driver that you believe was negligent, you may have a clearer path to compensation for medical bills, lost wages, ongoing treatments, and very real instances of pain or emotional suffering. The components of negligence per se are:
(1) The purpose of the law must be to protect you or people in your situation, as opposed to the public generally;
(2) The law must clearly apply to person you wish to sue;
(3) The person you wish to sue must have violated the law;
(4) The person's violation of the law must cause your injuries.
Do I Have A Case Against A Negligent Driver?
If you were the victim of a car accident and feel the other driver was negligent, your best course of action is to get your Free, no obligation consultation about your legal rights to compensation. By speaking with an experienced Erie Pennsylvania car accident attorney, you will get answers to your questions and be able to make a more informed decision about your options moving forward. Contact us today to get started right away.