If a truck driver caused your truck accident, you are entitled to be compensated for your injuries under Virginia law. However, even if you think you have an open and shut claim against the trucking company and trucker, you must prove your case. One legal theory that can make it easier for you to obtain the settlement you deserve is the legal theory of negligence per se.
What Is Negligence Per Se?
In order to hold a truck driver and trucking company responsible for an accident, a victim must prove their negligence caused the crash and his injuries. Negligence occurs when a person fails to act with the same degree of care that would be exercised by another individual in similar circumstances. Distracted driving, driving when fatigued, and driving too fast for weather conditions are a few of the ways that a truck driver could be negligent in causing a truck wreck.
Negligence per se is another legal doctrine that provides that an action will be determined to be negligent if it is in violation of a law or statute. If negligence per se applies to a truck crash case, the victim does not need to prove that trucker acted unreasonably in any way other than violating the law or statute. To prove a claim of negligence per se, the following must be shown:
- The trucker violated a law.
- The victim was a member of a protected class that the law was designed to protect.
- The injury was one that the law was designed to protect against.
- The breaking of the law was the cause of the victim’s injuries.
When could negligence per se apply in a truck accident case? Here are a few examples:
- Drunk driving. If a truck driver causes an accident due to drunk driving in violation of Virginia law, he may be found negligent per se in causing the crash.
- Motor vehicle violations. If the trucker violated a Virginia traffic law and this caused a collision, it may be the basis of a negligent per se claim. Speeding and failing to yield the right of way are two laws that may meet the requirements for negligence per se to apply.
Let Our Legal Team Help You Obtain Justice
If you were injured in a truck accident, our experienced truck accident lawyers will work hard to apply all the negligence legal theories that apply in your case and to obtain the compensation you deserve. Take advantage of our offer of a free consultation to get your questions answered and learn more about your legal options. Call our Norfolk office to schedule your appointment today.