In this tutorial review our legal experts discuss another way negligence can be inferred by violation of a statute or code. This breach of law creates a rebut-able presumption of negligence in California. This is called negligence per se and will require experienced negligence per se attorneys. We want you to know you rights and to grasp a few important considerations when gathering evidence to help your attorney get you money for your pain and anguish. Some California judges reference this theory of law, as “statutory negligence”, but in law schools, it is “per se”. Just a little twist for the greenhorn.
Freeway Injuries and Negligence Per Se
A good example to help you understand what negligence per se includes, would be the following hypothetical about a California interstate. If a negligent wrongdoer was in contravention of a Vehicle Code Section, or Statute, and transgression was the proximate cause and actual cause of the mental and physical suffering and other damages, the victim was in the protected class, and the statute or code was written to prevent the type of harm, this is called negligence per se.This legal theory presumes negligence and creates a rebutable presumption of negligence by the tortfeasor, wrongdoer.
Our statewide law firm will research the statutes to get you leverage by creating a presumption of negligence in the eyes of the insurance adjustor and later defense team(s). So assuming your mishap took place while navigating the 405, 10 freeway, 5 freeway, or 91 freeways, there is always a very substantial possibility that the at fault factor, whether it was a road condition caused by negligent road maintenance, or by a driver not paying attention to the cars in front of him and you got rear ended, there could be a legal theory that puts the burden on another party to “prove they were not at fault”, and rebut that the violation of the statute had nothing to do with the purpose of the statute, that the type of harm the statute was supposed to prevent did not happen, and that you were not a person protected within the meaning of the statute.
So while many excellent PI attorneys understand this fact, many newbees, or lazy ones don’t know, or even care. So this division of negligence law is an additional tool to help you gain leverage in your accident case. Get it? Perhaps the guy who hit you ran a red light? But it can be any type of damages claim, from a trip, slip and fall on a public or private sidewalk, or it could even be a violation of the California elder abuse statutes. That’s negligence per se!
Speak to Legal Counsel About Presumptive Negligence
If you or someone you love is the victim of a wipe out, or crash that caused or created by the violation of a statute like tailgating, for example, or some other ordinance or code, you all may be entitled to a presumption of negligence jury instruction. Call knowledgeable legal scholars at 1-888-400-9721, and discover the steps in preserving your bodily harm claims.