To win an accident claim, the plaintiff must demonstrate that the defendant’s negligence caused their losses. In most accidents, the person who was hurt must demonstrate the at-fault party’s negligence.
Another option is the doctrine of negligence per se, which states that when someone breaks the law or a statute, they are said to have breached the duty of care and, therefore, can be held negligent.
Understanding these laws is important, especially in cities like St. Petersburg. Statistics say that the city sees an average of over 14,000 crashes and 100 fatalities annually.
If you have been injured due to the actions of someone who broke the law, you are entitled to compensation. A St. Petersburg pedestrian accident attorney would be the best person to assist you.
In this article, we will look at how negligence per se can affect your pedestrian accident claim.
Elements of Negligence Per Se
In a negligence per se case, the person who caused the accident must have broken a law intended to protect a particular class of people, like pedestrians, and the person who was harmed by the law’s breach must also fall into that class.
For instance, some jurisdictions have pedestrian crosswalk statutes designed to safeguard pedestrians. If a car driver disobeys the law and crashes into a pedestrian, then the car driver may be liable for negligence per se.
In typical negligence instances, the defendant must simply engage in careless behavior. In other words, the behavior must have deviated from what a rational individual would have done in a similar circumstance.
What the Plaintiff Has to Prove
The pedestrian must demonstrate that the driver violated a law that led to the accident. They must also prove that the duty violation resulted in physical and financial losses. While it may seem apparent that a drunk driver would also be deemed negligent, the attorney representing a pedestrian accident victim actually has a lot more work to do in order to establish all the components of negligence.
Additionally, this increases the opportunity for the driver’s lawyer to refute and disprove the victim’s allegations.
What are the Examples of Negligence Per Se?
There are several examples of negligence per se. Below are some of the everyday situations in which negligence per se might apply:
- A defendant causes an automobile collision while intoxicated: Driving while intoxicated is illegal, and the defendant’s actions violated this rule. The claimant belongs to the group of people the law was intended to protect if they suffered injuries in an automobile accident, which is what the DUI rules were designed to avoid. Furthermore, the harm was directly caused by the defendant’s violation of DUI laws.
- The defendant broke speed limits and got into an automobile accident: The plaintiff was meant to be protected by the laws against speeding. The defendant’s actions were against those laws, and the excessive speed was the direct cause of the accident.
What Happens If the Pedestrian is Partly at Fault?
Most people believe the car driver is to blame when there is an accident. The state’s contributory and comparative negligence laws will be in effect when pedestrians and drivers share fault.
The pedestrian’s recovery will be limited in a pure comparative negligence state according to their percentage of fault. Even if a pedestrian is 99 percent at fault, they are still entitled to some compensation.
In states with modified comparative negligence, the pedestrian is entitled to compensation up to the driver’s percentage of fault unless they are at least 50% or, in certain cases, at least 51% at fault.
Therefore, it would be smarter to hire a qualified and experienced pedestrian accident attorney who is well-versed in state laws to ensure you get just compensation for your damages.
