If you bring a lawsuit against an at-fault party after a Pennsylvania car accident or truck accident, you have to prove the other side was negligent. Basically, this means you (and your lawyer) must provide evidence that shows the other party acted unreasonably under the circumstances—and that their bad behavior caused the accident. You must also show that their negligence resulted in real harm: property damage, medical bills, lost wages, pain and suffering, and so on.
Proving negligence is your path to recovering financial compensation in a Pennsylvania personal injury lawsuit, whether through a settlement or, if necessary, a trial verdict. However, the concept of negligence per se can make proving fault much easier and provide a clearer path to recovering what you need.
What Is Negligence Per Se & How Is It Used?
Negligence per se means someone is considered negligent because they violated a law that was meant to protect people like you. For example, Pennsylvania law requires drivers to stop at red lights. If a driver runs a red light and causes a crash, they have violated a safety law, and that violation can establish negligence automatically.
The same principle applies with laws regarding speeding, drinking and driving, distracted driving, and other safety-related rules.
The elements of *****negligence per se***** are:
- The law must be designed to protect a specific group of people (like drivers or pedestrians).
- The defendant must fall under the law’s obligations.
- The defendant must have violated the law.
- That violation must have caused your injury.
If these elements are met, proving negligence becomes much simpler because you don’t have to convince the court that the defendant’s actions were unreasonable—you only have to show they broke the law.
Practical Example: How Negligence Per Se Can Strengthen Your Case
Imagine a driver speeding through a school zone and striking a pedestrian. In a typical negligence case, the injured pedestrian would need to show that the driver acted unreasonably. But under negligence per se, because speeding in a school zone is illegal—and designed specifically to protect pedestrians—proving the driver broke the law may be enough to establish fault.
This makes it harder for insurance companies to argue against liability and can speed up the process of securing fair compensation.
Common Traffic Violations That Can Lead to Negligence Per Se Claims
Several common traffic offenses often form the basis for negligence per se in Pennsylvania accident cases:
- Running a red light or stop sign
- Speeding
- Driving under the influence of drugs or alcohol
- Texting while driving
- Failure to yield the right of way
- Following too closely (tailgating)
If the other driver violated one of these laws and caused your accident, negligence per se may apply to your case.
How Negligence Per Se Can Affect Settlement Negotiations
Negligence per se is different from ordinary negligence because it removes the need to prove that the defendant's behavior was unreasonable. Instead, breaking the law itself is enough. For example, running a red light is never reasonable, so proving that act caused your injury satisfies the standard.
When negligence per se applies, the at-fault driver’s insurer knows that fighting liability will be an uphill battle. That puts you in a stronger bargaining position. The insurance company may be more willing to offer a fair settlement rather than risk a court ruling against them.
In short: establishing negligence per se could mean a faster resolution and a higher settlement offer, allowing you to move forward with your life sooner.
Understanding Negligence in Law
Negligence is a key concept in personal injury law and the foundation for determining liability in many cases, including car accidents, slip and falls, and medical malpractice.
The four elements of negligence are:
- Duty of care: The defendant owed a legal duty to act carefully.
- Breach of duty: The defendant failed to act reasonably.
- Causation: That failure directly caused your injury.
- Damages: You suffered actual harm or losses as a result.
In negligence per se cases, proving breach of duty becomes much more straightforward.
How Do I Know If I Have a Case Against the Other Driver?
If you believe the other driver violated a safety law and caused your injury, you may have a strong negligence per se claim. But even if you’re unsure, the best thing you can do is speak with an experienced injury attorney.
At Handler, Henning & Rosenberg LLC, we’ve been helping Pennsylvanians recover from accidents for nearly 100 years. We know how to investigate your case, gather the right evidence, and build the strongest possible claim for maximum compensation. Importantly, we only get paid if we win—so you can focus on healing while we fight for you.
Call HHR today at (888) 498-3023 or contact us online for a free consultation. Let’s talk about your recovery options and how we can help.