Negligence Per Se in a Car Accident

One of the most troublesome issues in an automobile accident is determining who was at fault. In some instances, it is relatively clear who is at fault, and the guilty driver will usually admit to this outright. However, in a number of cases, a driver will either refuse to admit fault, or both drivers will believe that the accident was caused by the other driver.

There are a number of methods used to determine fault in an accident. One of the simplest methods is the doctrine of “negligence per se”, which states that an act is negligent if it violates a law that was designed to protect others and someone was injured as a result. If a driver violated a traffic law and struck someone else in the process, most likely they would be considered negligent.

However, in these cases, it is important to note that the violation of the law must be the direct cause of the accident. If a driver runs a red light and strikes someone legally in the intersection, more than likely he or she would be found negligent. However, if a driver runs a red light and is struck by someone driving in the wrong lane, the fact that he or she ran a red light is incidental to the accident.

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This article is not intended to serve as, or as a replacement for, legal advice. If you have been injured in a car accident, contact the Indianapolis personal injury lawyers at the Hankey Law Office at (800) 520-3633.