In most cases, liability for an accident is assigned to whichever party is proven to be negligent or reckless. In some cases, negligence per se is applicable. Negligence per se pertains to actions that violate the laws of public safety, and consequently cause an accident to occur.
If you were injured in an accident, and you believe another party’s negligence is to blame for your injuries, you may be eligible to receive compensation. Contact the Oklahoma personal injury lawyers of the Abel Law Firm for a free consultation with an experienced attorney. Call (405) 239-7046 today to determine your legal options.
Four Criteria
In order to establish negligence per se, the claimant must prove the following four criteria were met:
- The defendant violated a law.
- The law pertained to public safety. If the defendant injured someone while smoking marijuana, for example, negligence per se is not applicable. However, other forms of negligence may apply.
- Violating the safety law caused the type of injury that the law was trying to prevent. For example, driving through a pedestrian crosswalk while honking and yelling obscenities may injure a pedestrian’s ego, but that is not the type of injury pedestrian crosswalks are intended to prevent. If the defendant did not come into contact with a pedestrian and injure them, negligence per se does not apply.
- The claimant is a member of the group of people that the safety law was created to protect. Typically, safety laws are established to protect the general public, so this is a relatively easy criterion to satisfy.
Negligence per se claims generally require less evidence than other kinds of negligence claim. This is because they are based on actions that are inherently dangerous and illegal.
Contact Us
If you have been involved in an accident, and you believe negligence per se may apply to your case, contact the Oklahoma personal injury lawyers of the Abel Law Firm to discuss the details of your case. Call us today at (405) 239-7046 to schedule a free initial consultation.
