When a car accident occurs, one of the first things to determine is who is at fault. A careful investigation and review of the evidence typically determines fault.
However, the law sometimes provides a shortcut. If a driver violates a traffic statute and that violation causes a crash, the doctrine of negligence per se may apply.
An experienced Baton Rouge vehicle accident attorney at Chris Corzo Injury Attorneys can evaluate your accident, explain whether and how negligence per se may apply, and help you secure maximum compensation in your car accident.
Call a car accident lawyer at (225) 999-1111 or complete the short form on our contact page and schedule a free consultation to discuss your motor vehicle accident case.
Negligence in Louisiana Motor Vehicle Accident Cases
Before considering negligence per se, it helps to understand how standard negligence cases work in Louisiana.
Most car accident cases are based on negligence. To succeed in a Louisiana negligence claim, you must establish the existence of four elements:
- The defendant owed you a duty.
- The defendant breached that duty by their actions or inactions.
- The defendant’s breach of duty was the cause of your accident.
- You suffered actual damages caused by the defendant’s breach of duty.
In a straightforward accident case, the issue of duty is rarely contested, as every driver in Louisiana owes a duty to operate their vehicle safely to avoid harming others. The contested elements are usually whether the defendant breached the duty, whether that duty caused the accident, and whether the plaintiff suffered damages.
An experienced Baton Rouge car accident attorney in Louisiana can help you gather the evidence needed to prove each of these elements.
Negligence Per Se in Louisiana Motor Vehicle Accident Cases
The legal doctrine of negligence per se says that if a defendant violates a statute that was enacted to protect a specific class of people from a specific type of harm, and the plaintiff belongs to that class and suffered that harm, the breach of duty element is proven.
Common Traffic Violations in Negligence Per Se Accident Claims
Some of the most common violations that support negligence per se claims include:
- Speeding. Louisiana’s speed limit laws exist to reduce the frequency and severity of crashes. A driver who exceeds the posted limit and causes a crash has violated a statute designed specifically to prevent that outcome. When speeding is documented, it provides a strong foundation for a negligence per se argument.
- Running red lights or stop signs. Intersection control laws are among the clearest examples of protective statutes. A driver who disregards these traffic laws and collides with a vehicle lawfully proceeding through an intersection has done exactly what those laws were written to prevent.
- Driving while impaired. A DWI or DUI conviction, or even evidence of impairment without a conviction, can support a negligence per se finding. These cases also frequently support claims for punitive damages under Louisiana Civil Code Article 2315.4, which specifically authorizes such awards in cases involving intoxicated drivers.
- Distracted driving and cell phone use. Louisiana prohibits texting while driving, and the law’s protective purpose is plain. When evidence shows that a driver was using a phone at the time of a crash, the statutory violation can establish negligence per se.
- Improper lane changes and failure to yield. Drivers who cross double yellow lines, fail to signal, merge improperly, or fail to yield the right of way when required can be found negligent per se when those violations cause accidents.
- Driving without headlights. Louisiana law requires headlights under specified visibility conditions. A driver who fails to use lights when required, including at night, in rain, and in fog, and causes a collision as a result has violated a statute designed specifically to prevent that type of crash.
Establishing Negligence Per Se in a Car Accident Claim
Not every traffic violation triggers negligence per se. Louisiana courts apply a focused analysis to determine whether the doctrine applies to a particular set of facts. Three requirements must generally be satisfied.
First, the defendant must have violated a statute. This is usually the easiest element to establish in a traffic accident case. If law enforcement responded to the crash and issued a citation, that citation is strong evidence of a statutory violation. The police report documenting the citation becomes one of the most important documents in the case.
Second, the statute must have been designed to protect the public from bodily harm. Most traffic laws easily satisfy this requirement. Louisiana’s speed limit statutes, for example, exist specifically to reduce the severity of crashes and protect people from injury.
Third, the plaintiff must be a member of the class of persons the statute was designed to protect, and must have suffered the type of harm the statute was intended to prevent. In motor vehicle cases, this element is rarely difficult to prove.
Traffic laws are generally enacted to protect everyone on or near public roadways, including other drivers, passengers, pedestrians, and cyclists. If a driver runs a stop sign and hits another car, the injured occupants are squarely within the class of people that stop sign laws protect, and they suffered exactly the harm those laws were designed to prevent.
When all three requirements are met, Louisiana courts treat the statutory violation as establishing the breach-of-duty element without requiring the plaintiff to prove it through additional evidence or argument. A skilled car accident attorney in Baton Rouge can help you identify applicable traffic violations and build a strong negligence per se case.
How Negligence Per Se Changes a Car Accident Claim
The significance of negligence per se in a motor vehicle accident claim is substantial. In a standard negligence case, both sides present evidence and argument on whether the defendant acted reasonably. Expert witnesses may testify. The jury deliberates on the question.
Negligence per se takes the breach question off the table. Once the statutory violation and the other requirements are established, the debate shifts to causation and damages, where the plaintiff’s evidence is typically much stronger.
It significantly affects settlement leverage. Insurance companies evaluate their exposure based on the likelihood of a loss if the case goes to trial. When the evidence is clear that their insured violated a traffic law designed to prevent the damages caused by the accident, they are much more likely to offer a prompt and fair settlement.
Working with an experienced car accident lawyer who understands negligence per se can dramatically improve your settlement negotiations.
Contact a Baton Rouge Car Accident Attorney For a Free Consultation
If you have been injured in a motor vehicle accident caused by another party, you deserve to be compensated for your damages. At Chris Corzo Injury Attorneys, our team of vehicle accident lawyers has a proven record of securing maximum compensation for our clients. Let us help you.
Call a car accident attorney in Baton Rouge at (225) 999-1111 or visit our contact page and schedule a free consultation to discuss your claim.