Vince Sowerby Breaks Down Negligence Per Se and Driver Distraction
Negligence Per Se is a law principle that simplifies the process of proving negligence in specific circumstances. Unlike general negligence claims, where individuals must establish the defendant's obligation, breach, causation, and damages, negligence per se automatically presumes a responsibility and breach when particular legal violations occur. In essence, negligence per se applies when a defendant violates a law or regulation designed to ensure public safety, and that violation clearly causes harm to a person the law was intended to protect. This legal principle serves as a shortcut, allowing judges to focus on causation and damages rather than debating whether the defendant acted negligently. One of the most common examples of negligence per se is **distracted driving**, a behavior that has become increasingly prevalent with the rise of mobile devices and other distractions behind the wheel. Distracted driving laws, such as prohibitions against texting while driving, are des...