Vince Sowerby: Negligence Per Se and Distracted Driving in Focus
Negligence per se is a law principle that simplifies the process of proving negligence in specific circumstances. Unlike general negligence claims, where plaintiffs must establish the defendant's duty of care, breach, causation, and damages, negligence per se automatically presumes a responsibility and breach when specific legal violations occur. In summary, negligence per se applies when a defendant breaks a law or regulation designed to protect the public, and that violation directly causes harm to someone the law was intended to protect. This doctrine serves as a shortcut, allowing judges to focus on causation and damages rather than debating whether the defendant acted negligently. One of the clearest examples of negligence per se is **driver distraction**, a behavior that has grown more common with the rise of smartphones and other distractions behind the wheel. Distracted driving laws, such as prohibitions against texting while driving, are designed to protect everyone on t...