Negligence Per Se: How Breaking Traffic Laws Can Make You Liable

In Texas, if you break a traffic law, you might find yourself facing automatic liability for any resulting vehicle accidents. This principle, known as negligence per se, means violating safety regulations can serve as undeniable proof of negligence in personal injury cases. It simplifies the process for injured parties, making it essential for you to understand the implications of your actions behind the wheel.

Examples of a driver breaching their duty to follow the law:

• A driver speeds through a school zone or runs a red light, and this leads to an accident.
• A driver fails to stop at a stop sign, colliding with another vehicle.

What does this mean for your legal responsibilities, and how can you protect yourself if you’re involved in a traffic incident?

What is Negligence Per Se

Negligence per se is a legal doctrine (a rule) used when someone breaks a law or regulation and causes harm to another person. If this happens, the defendant is considered negligent.

This means the injured person doesn’t have to prove the usual parts of negligence:

• Duty of care
• Breach of duty
• Causation
• Damages

The legal foundation of negligence per se is built on the understanding that laws are written to safeguard certain individuals from specific dangers. Consequently, any breach of these laws is intrinsically considered a negligent act

In cases of negligence per se, the focus is on showing that a law was broken and that this break directly caused the harm. To use this rule, the injured person must prove that:

• A specific law or regulation was broken.
• This violation resulted in harm to the plaintiff.
• The harm incurred was precisely what the statute aimed to prevent.

Benefits

• Makes it easier for victims to get compensation because breaking the law alone can show negligence.
• Significantly streamlines the litigation process for the injured party.

Negligence per se vs. General Negligence

• General Negligence: You must prove four things – duty of care, breach of duty, causation, and damages.
• Negligence Per Se: Breaking a specific law automatically shows a breach of duty. You only need to prove the law was broken, it was meant to prevent the harm, and the harm happened because of the broken law.

Texas Law on Negligence Per Se

The legal foundation of Negligence Per Se in Texas is rooted in the violation of statutes or regulations designed to protect public safety. These laws are intended to prevent specific harms, and breaching them can automatically result in a presumption of negligence.

Relevant Texas Traffic Statutes

Here are some Texas traffic statutes commonly involved in Negligence Per Se cases:

Traffic Laws and Negligence Per Se

Traffic laws are essential for keeping Texas roads safe. When drivers break these laws and cause an accident, it can automatically be considered negligent. This means the driver who broke the law may be held responsible for the damages without needing additional proof of negligence.

Speeding

Speeding stands as a clear-cut case of negligence per se within Texas law. By exceeding established speed limits, drivers automatically breach traffic regulations put in place to ensure public safety. Should such speeding lead to an accident, the law inherently presumes the speeder’s negligence.

Running Red Lights

Running red lights is usually regarded as negligence per se in the context of Texas traffic law. Traffic lights are instrumental in regulating vehicle and pedestrian flow, ensuring the orderly and safe movement across intersections. Disregarding a red light disrupts this safety mechanism, placing others at risk.

Driving Under the Influence (DUI)

Driving under the influence (DUI) is a major offense that is often treated as negligence per se under Texas law, reflecting the legal system’s zero-tolerance stance on impaired driving. The rationale behind the stringent enforcement of DUI laws lies in the substantial impairment to cognitive and motor functions caused by alcohol or drugs, which drastically reduces a driver’s ability to operate a vehicle safely.

Establishing Negligence Per Se in a Personal Injury Case

Proving Violation of a Traffic Law

To establish a negligence per se claim, the lawyer has to prove that the defendant violated a specific traffic law. The types of evidence that are most effective in proving a violation include:

• Dashcam Footage: Provides visual proof of the violation.
• Police Reports: Official documentation of the incident and any violations noted by law enforcement such as excessive speeding.
• Eyewitness Testimony: Accounts from individuals who witnessed the violation.

Demonstrate Causation Between the Violation and the Accident

Demonstrating causation involves linking the violation directly to the accident. Evidence and expert testimony commonly relied upon include:

• Accident Reconstruction Analyses: Experts can demonstrate how the violation led to the accident.
• Expert Testimony: Specialists in fields like traffic engineering can testify on the expected outcomes of such violations.
• Surveillance Footage: Video evidence showing the moment of the accident can directly link the violation to the incident.

Accident reconstruction analysis can be used to show that a collision was the direct result of a driver’s excessive speed or other violation of Texas road laws.

Assessing the Damages Suffered

The final step involves assessing the damages suffered due to the accident. This includes both economic and non-economic damages:

Defending Against Negligence Per Se Claims

Defending against negligence per se claims in Texas requires a strong understanding of the law and a strategic approach to counter the plaintiff’s allegations. Here are some defense strategies that can be used:

Disputing the Traffic Law Violation

Challenging the claim that a traffic law was violated is a fundamental defense strategy. This involves questioning the plaintiff’s interpretation of the law or the facts surrounding the alleged violation.

Lack of Causation Defense

This defense focuses on breaking the link between the alleged violation and the incident, suggesting that the violation did not cause the plaintiff’s injuries.

Emergency Exception

Claiming an emergency forced the defendant to commit the alleged violation can be a valid defense, provided the emergency was unforeseeable and responding to it necessitated breaking the law.

Necessity Defense

Similar to the emergency exception, the necessity defense argues that breaking the law was necessary to prevent a more significant harm.

Texas law allows you to present the argument that committing a crime was necessary to protect yourself from harm. Necessity is defined in Texas Penal Code Sec. 9.22.

Sec. 9.22. NECESSITY. Conduct is justified if:

(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;

(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and

(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

You can justify otherwise-illegal behavior if:

• You must show that your actions were urgently needed to prevent immediate danger.
• The threat had to be happening right then, not something that might happen in the future.

It must be reasonable:

• You need to prove that a reasonable person would have acted the same way in your situation.

Harm Caused vs. Harm Avoided

• The harm you caused by breaking the law must be less than the harm you were trying to prevent.
• The benefits of avoiding the danger should outweigh the damage from your actions.

Technical Defense

These defenses involve challenging the specifics of the traffic law that was allegedly broken.

Compliance with the Law

This defense argues that the driver was actually following the law or that their actions were within legal limits.

Case Example: Murray v. O & A Express, Inc., 630 S.W.2d 633 (Tex. 1982)

In this case, Murray won against a trucking company (Murray v. O & A Express, Inc.) because of the assertion of “negligence per se.” This means the truck driver who worked for the trucking company broke specific Texas traffic laws, which automatically made him negligent.

Here’s what happened:

1. A truck driver named Bill Young was driving on the highway, when the truck had engine trouble. He pulled over, but stopped his truck partly on the road.
2. Bill didn’t turn on his warning lights or put out any flares to warn other drivers.
3. Murray’s car crashed into the truck, causing death and injuries.

The court decided:

• Young broke traffic laws, which automatically made him negligent.
• However, Murray was also slightly at fault for not keeping a proper lookout while driving.
• The jury found Young 90% responsible and Murray 10% responsible for the accident.

Murray still won the case because:

• Young’s law violations were more serious and the main cause of the accident.
• The trucking company couldn’t give good reasons for why Young didn’t use warning lights or flares.
• Even though Murray was 10% at fault, he could still recover damages, just slightly reduced.

While Murray wasn’t completely blameless, he still won the case because Young and the trucking company were found to be mostly responsible for the accident.

Why Choose The Law Office of Joel M. Vecchio, P.C.?

If you’re involved in a traffic case, having an experienced personal injury lawyer can make a big difference. At The Law Office of Joel M. Vecchio, P.C., based in Plano, TX, our experienced lawyers help you get through the legal process and get the compensation you deserve.

Experience with Traffic and Personal Injury Law

Our lawyers know Texas traffic laws inside and out. This knowledge helps us:

• Identify Violations: Spot which traffic laws were broken.
• Apply the Law: Use relevant laws to support your case.
• Build a Strong Case: Show how the law violation caused your injuries.

Experience Dealing With Complex Legal Procedures

Handling a traffic accident case involving negligence per se involves many steps. We make it easier by:

• Filing Claims: Take care of all the paperwork correctly and on time.
• Gathering Evidence: Collect important documents like police reports and witness statements.
• Communicating Clearly: Keep you informed every step of the way.

Maximizing Compensation for Injuries and Damages

Our goal is to ensure you receive full compensation for your injuries. We help by:

• Assessing Damages: Calculate all your losses, including medical bills, lost wages, and pain and suffering.
• Negotiating with Insurers: Work to get a fair settlement without needing to go to court.
• Fighting for You in Court: If necessary, present a strong case to secure the compensation you need.