Using Traffic Violation As Proof Of Negligence In Auto Accidents

Traffic Violation As Proof Of Negligence In Auto Accidents
Traffic Violation As Proof Of Negligence In Auto Accidents

Using Traffic Violation As Proof Of Negligence In Auto Accidents

In an automobile accident action against a driver for damages suffered in a car collision, the driver’s violation of a traffic law can be evidence of his or her negligence.

The law calls negligence based upon the violation of a specific requirement of law “negligence per se.” Negligence per se means that as a matter of law negligence existed. While the violation of a traffic law is negligence as a matter of law, the violation does not mean that the driver is liable unless the negligence was the cause of the plaintiff’s injury.

For a traffic law to set a minimum standard of care so that its violation is negligence per se, the courts have noted that the law must be one to promote safety; the plaintiff must be a member of the protected class; and the defendant must be a person upon whom the statute imposes specific duties.

For instance, it is against the law to travel on a road at night without headlights and a driver, who does so, is in an accident. The driver’s violation of a traffic law can be evidence of his or her negligence.

Using Traffic Violation As Proof Of Negligence In Auto Accidents. A driver’s violation of a traffic law can be evidence of negligence in an auto accident.