How is the doctrine of negligence per se relevant in an accident lawsuit in Arizona?
Yuma, AZ – Whenever a person is injured due to the actions of another individual, business, or entity, they will need to prove that the defendant was negligent through the use of various kinds of evidence. In motor vehicle accidents and other similar situations, violations of traffic laws and safety regulations are often relevant to the defendant’s actions in the moments before the collision. The doctrine that deals with applying violations of statutory law to an accident is called negligence per se. The way that this doctrine is applied varies by state, but in most cases it will make the plaintiff’s job of showing that the defendant was negligent much easier by showing a violation of a relevant law happened at the same time.
Requirements to apply negligence per se in Arizona
In order for the plaintiff to be able to apply the doctrine to their case, two elements need to be met. The specific law that was broken needs to have been enacted for public safety, and the law gives specific rules of conduct that are relevant to the incident. In most cases, this will mean that the defendant has broken a law which is meant to prevent the type of harm caused by their accident. Most traffic law violations will apply during motor vehicle accident cases, but administrative violations such as those related to things like licensing and registration requirements may not.
There also needs to be a finding of causation. This means that the prohibited conduct in question was the actual cause of the plaintiff’s injuries. The fact that a statutory violation occurred at some time before the incident without being a proximate and actual cause would mean that the doctrine of negligence per se is not applied.
Each case has unique facts, and there needs to be an analysis to determine whether negligence per se is applied to an individual accident. For this reason, legal advice is recommended from a local attorney whenever any accident victim is making a decision to bring a civil lawsuit.
After establishing negligence
If the doctrine of negligence per se is applied, it means that the defendant was negligent as a matter of law when they caused an accident and they are responsible. The plaintiff will receive compensation for their injuries through a settlement or jury verdict. This may include medical bills, property repair costs, and other forms of damages.
Accident attorneys in Arizona
Schneider and Onofry is an accident firm that helps clients in the Yuma area with the process of civil lawsuits. Anyone who needs specific advice about how to proceed after injuries can contact the firm to schedule a meeting.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364
928-257-4887
soarizonalaw.com
