Negligence Per Se and Car Accident Lawsuits

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While most people understand the importance of proper car maintenance and safe driving techniques, many people consider them important only for the prevention of mechanical breakdown and costly repairs, and do not consider the true dangers of serious accidents.
Failure to operate a vehicle in the proper manner or keep the vehicle free from hazardous wear-and-tear may result in a collision or wreck that can seriously affect drivers, passengers, and people nearby.
Following a car accident, people may find themselves forced to deal with serious injuries or disability, and may be forced to go through extensive physical therapy, training in a new vocation, and rehabilitation.
In some cases, persons who are injured in an accident may be forced to pay out-of-pocket for expenses that their health insurance plans may not cover.
Persons involved in a serious car accident may be able to take legal action against the person responsible for the accident.
Personal injury cases often depend on proving that a person behaved in a negligent manner and the case will often depend on proving "negligence per se".
For persons injured in a car accident, proving negligence per se often involves:
  • Showing that the driver had a duty to operate his or her vehicle in a safe manner
  • Proving that the person failed in his or her duty to keep others safe on the road
  • In some states, exceeding a certain rate of speed is considered to be negligence
  • If a person fails to act in a certain manner, he or she may be guilty of negligence
  • If a person behaves in a manner that is not consistent with understood rules and codes of society
Charges of negligence often relies on the proof that there is a certain social "contract" that individuals have promised to follow to keep others in society safe and secure.
From there, an experienced personal injury attorney may be able to show that the person failed to uphold his or her duty to act in a manner consistent with the social contract, or he or she behaved in a way that violates the agreed-upon social code.
If you are able to prove that a person behaved in a negligent manner when operating his or her vehicle, and that the accident was caused by that negligent action, you may be able to recover payment for medical expenses, lost wages, property damage, pain and suffering, and mental and emotional trauma.
For more information on negligence per se and personal injury charges, visit the website of the Appleton car accident lawyers of Habush Habush & Rottier, S.
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