{"id":1411,"date":"2010-02-23T18:57:33","date_gmt":"2013-09-23T16:17:50","guid":{"rendered":"http:\/\/www.joemillerinjurylaw.net\/?page_id=1411"},"modified":"2015-03-17T19:22:14","modified_gmt":"2015-03-17T19:22:14","slug":"how-you-can-win-your-personal-injury-case-through-the-doctrine-of-negligence-per-se","status":"publish","type":"page","link":"https:\/\/joemillerinjurylaw.com\/general-injury-articles\/how-you-can-win-your-personal-injury-case-through-the-doctrine-of-negligence-per-se\/","title":{"rendered":"How You Can Win Your Personal Injury Case through the Doctrine of Negligence Per Se"},"content":{"rendered":"<h1>How You Can Win Your Personal Injury Case through the Doctrine of Negligence Per Se<\/h1>\n<p>News Channel 3 in Northeastern North Carolina and Hampton Virginia that a motorcycle rider and his son were injured when a motorcycle struck a bus. North Carolina state police say the motorcycle operator was too drunk to drive.<\/p>\n<p>Negligence per se is a legal doctrine that says a defendant is liable for negligence by virtue of having violated a statute. There are four elements to showing &#8220;negligence per se.&#8221;<\/p>\n<ol>\n<li>The defendant violated a safety statute<\/li>\n<li>The statute provides a criminal penalty (but not civil penalties)<\/li>\n<li>The wrongful act cause the type of harm the statute was designed to protect<\/li>\n<li>The plaintiff was a member of the class the statute was designed to protect<\/li>\n<\/ol>\n<h2>Examples<\/h2>\n<ul>\n<li><strong>Building code violations.<\/strong> The most common example is when a contractor doesn&#8217;t comply with a building code causing the building to collapse and injuring somebody in the building.<\/li>\n<li><strong><a href=\"https:\/\/joemillerinjurylaw.com\/practice-areas\/drunk-driving-accidents\/\" title=\"Drunk Driving\">Drunk driving<\/a>.<\/strong> A violation of a drunk driving statute may give rise to a negligence per se. Drunk drivers are often found guilty of violating a drunk driving law. The purpose of drunk driving laws is to protect other drivers from the drunk driver&#8217;s reckless conduct.<\/li>\n<li><strong>Motor vehicle violations.<\/strong> The state motor vehicle laws are also laws that can be used as a basis for a negligence per se case. Some motor vehicle laws designed for safety of other drivers and pedestrians are laws on speeding and laws on the right of way.<\/li>\n<\/ul>\n<p>There are practical benefits of a negligence per se. Often, the criminal case is tried before the civil case because criminal defendants have a right to a speedy trial. In the criminal case the prosecution can investigate the case with the help of the police. This means the state does a lot of the initial work. The criminal conviction often means the plaintiff just has to show the four conditions are met to win the civil case.<\/p>\n<h2>How our firm can help<\/h2>\n<p>Anyone who has been in an accident because of the wrongful conduct of another and who has received injuries, needs to have legal help. <a title=\"Contact Us\" href=\"https:\/\/joemillerinjurylaw.com\/contact-us\/\">Contact Virginia and North Carolina Personal Injury Lawyer Joe Miller online<\/a> or <a href=\"tel:\/\/888-694-1671\" title=\"888-694-1671\">888-694-1671<\/a> for more information on how to proceed, how to work with your doctors, and whether you might have a significant recovery coming your way.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>How You Can Win Your Personal Injury Case through the Doctrine of Negligence Per Se News Channel 3 in Northeastern North Carolina and Hampton Virginia that a motorcycle rider and his son were injured when a motorcycle struck a bus. North Carolina state police say the motorcycle operator was too drunk to drive. Negligence per &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"How You Can Win Your Personal Injury Case through the Doctrine of Negligence Per Se\" class=\"read-more button\" href=\"https:\/\/joemillerinjurylaw.com\/general-injury-articles\/how-you-can-win-your-personal-injury-case-through-the-doctrine-of-negligence-per-se\/#more-1411\" aria-label=\"Read more about How You Can Win Your Personal Injury Case through the Doctrine of Negligence Per Se\">Read More<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"parent":3143,"menu_order":0,"comment_status":"open","ping_status":"open","template":"","meta":{"_uag_custom_page_level_css":"","footnotes":""},"categories":[],"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false},"uagb_author_info":{"display_name":"Joe Miller","author_link":"https:\/\/joemillerinjurylaw.com\/author\/jmiller\/"},"uagb_comment_info":0,"uagb_excerpt":"How You Can Win Your Personal Injury Case through the Doctrine of Negligence Per Se News Channel 3 in Northeastern North Carolina and Hampton Virginia that a motorcycle rider and his son were injured when a motorcycle struck a bus. North Carolina state police say the motorcycle operator was too drunk to drive. Negligence per&hellip;","_links":{"self":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/pages\/1411"}],"collection":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/comments?post=1411"}],"version-history":[{"count":0,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/pages\/1411\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/pages\/3143"}],"wp:attachment":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/media?parent=1411"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/categories?post=1411"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}