The crux of a personal injury case in San Antonio, TX, is proving fault, and that means proving negligence. Typically, this means you must prove that the defendant’s actions were unreasonable and that these actions caused the accident in question. However, there is another form of negligence your lawyer may use to hold the defendant responsible for your injuries, and that is negligence per se.
Proving negligence per se can strengthen your personal injury claim, and the San Antonio personal injury lawyers at Carabin Shaw have decades of experience using this doctrine to improve legal outcomes. Our client reviews highlight how our legal strategies maximize compensation for injured victims. Schedule a free case review today to find out how we can help you get the compensation you deserve.
What Is Negligence Per Se in Texas?Negligence per se occurs when someone breaches a law or regulation and causes harm. By using this legal doctrine, a victim’s lawyer does not have to prove that the other party acted unreasonably. The violation itself constitutes negligence.
Using a violation as proof of negligence is less subjective than evaluating the reasonableness of an action, which may expedite the legal decision-making process. However, a personal injury attorney in San Antonio TX must still prove that there was harm and that the violation caused the harm.
Many types of personal injury cases can use negligence per se to establish liability. This idea is frequently used when defendants violate traffic laws, building codes, workplace safety regulations, or health codes. In a San Antonio personal injury claim, these violations strengthen a case whether you are arguing negligence per se or ordinary negligence.
Traffic Violations That Support Your Accident ClaimIf a person violated Texas’s rules of the road and caused an accident, it may support an accident claim by establishing negligence per se. Violations in San Antonio, Texas may include:
The law has already decided that these types of traffic violations are inherently negligent, so there is no need for your lawyer to try to prove that they are unreasonable. The court has already agreed that these are negligent acts.
How the Texas Negligence Per Se Doctrine Strengthens Your CaseWhen your legal team can use a violation as proof of negligence, the burden of proof shifts to the defendant to argue against negligence per se. If there is a ticket or formal citation, it will be difficult to provide a defense. This reduces the evidence you need to collect to convince a judge or jury of unreasonable behavior, and it allows your attorney to focus on the valuation of your claimed damages.
In addition to shifting the burden of proof, negligence per se sets the tone for how the judge, jury, or even the defendant’s attorney perceives the case. This can aid immensely in negotiations, which can keep you out of the courtroom and increase your negotiated settlement.
Collecting Evidence to Prove Negligence Per SeThe primary piece of evidence to prove negligence per se is always the violation, which may exist in the form of a traffic ticket, inspection report, or other formal record. Your legal team will know how to reach the regulatory agency to get this proof, so they can use negligence per se as an argument for liability.
Call Carabin Shaw Today to Schedule Your Free Car Accident Case Review | No Money Owed Unless Your Case is Won!Negligence is only one part of your personal injury claim, and the legal experts at Carabin Shaw know how to prove every element in your case, so you can get fair and full compensation for your injuries. Our law firm offers our services on a contingency-fee basis, so you don’t pay us until we win your case. Call our toll-free number at 800-862-1260 to speak with our English- and Spanish-speaking staff, available 24/7, who can provide you with high-quality information about your legal options.
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