When someone violates a safety law and causes an accident, proving fault may become easier under Texas law. Learn how negligence per se works, when it applies, and how it could affect your personal injury case.
What Is Negligence Per Se?
If you’ve been injured because someone else broke the law, you may have heard the term negligence per se. While it sounds complicated, the concept is fairly straightforward.
In Texas, negligence per se is a legal doctrine that allows a court to use a violated safety statute as the standard of care instead of asking whether the defendant acted as a “reasonable person.” In other words, if someone violated a law designed to protect the public and that violation caused your injury, it may help establish that they breached their legal duty.
Although negligence per se can strengthen a personal injury claim, it does not automatically guarantee compensation. You must still prove that the violation caused your injuries and that you suffered damages.
At Orange Law, we help injured Texans understand their legal rights and build strong cases against negligent individuals and businesses.
How Is Negligence Per Se Different From Ordinary Negligence?
In a typical personal injury case, the injured person must prove that the defendant failed to act with reasonable care.
With negligence per se, the law itself may establish what reasonable conduct should have been.
For example, instead of arguing whether a driver acted carelessly, the court may focus on whether the driver violated a specific safety law, such as:
- Running a red light
- Speeding
- Failing to yield
- Driving while intoxicated (DWI)
- Violating Texas traffic safety laws
If the violated law was intended to prevent the type of accident that occurred, it may satisfy the duty and breach elements of negligence.
What Must You Prove?
Even when negligence per se applies, several legal requirements must still be met.
Generally, you must show:
- The defendant violated a law or safety statute.
- The law was intended to protect people like you.
- The law was designed to prevent the type of injury that occurred.
- The statutory violation caused your injuries.
- You suffered actual damages, such as medical bills, lost wages, or pain and suffering.
Simply proving that someone broke the law is not enough.
Common Examples of Negligence Per Se in Texas
Negligence per se can arise in many different types of personal injury cases.
Motor Vehicle Accidents
Traffic laws exist to protect drivers, passengers, bicyclists, and pedestrians.
Examples include:
- Running a stop sign
- Speeding
- Driving under the influence
- Illegal lane changes
- Failing to obey traffic signals
- Texting while driving where prohibited
When these violations directly cause an accident, negligence per se may apply.
Move Over Law Violations
Texas law requires drivers to move over or slow down when approaching stopped emergency vehicles, tow trucks, utility vehicles, and certain roadside service vehicles displaying emergency lights.
If a driver ignores this law and causes an accident, that violation may strengthen an injury claim.
Premises Liability Cases
Property owners who violate building codes, fire safety regulations, or other legal requirements may be held responsible if those violations contribute to someone’s injuries.
Examples include:
- Blocked emergency exits
- Unsafe stairways
- Missing handrails
- Fire code violations
Workplace Safety Violations
In some situations, violations of workplace safety regulations may support a personal injury claim, particularly when a third party’s negligence contributed to the accident.
Does Breaking the Law Automatically Mean You Win?
No.
Negligence per se does not automatically make the other party legally responsible for all your damages.
You still must prove:
- The legal violation caused your injuries.
- Your injuries were the type the law was designed to prevent.
- You suffered measurable damages.
Insurance companies often argue that the violation wasn’t the true cause of the accident or that your injuries are unrelated.
Can the Defendant Raise a Defense?
Yes.
Even if someone violated the law, they may argue:
- The law doesn’t apply to the situation.
- There was a legally recognized excuse for violating the law.
- The violation did not cause the accident.
- The injured person was not part of the group the law was intended to protect.
- Another person’s actions caused the accident instead.
Every negligence per se case depends on its unique facts.
What Compensation Can You Recover?
If another person’s negligence caused your injuries, you may be entitled to compensation for:
- Medical expenses
- Future medical care
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Permanent disability
- Property damage
Every case is different, and the value of your claim depends on the severity of your injuries and other case-specific factors.
Why Evidence Is Still Critical
Even if a safety law was clearly violated, strong evidence remains essential.
Important evidence may include:
- Police reports
- Traffic camera footage
- Photographs
- Witness statements
- Medical records
- Accident reconstruction reports
- Expert testimony
The stronger your evidence, the stronger your case.
Why Hiring a Personal Injury Attorney Matters
Negligence per se can make proving fault easier, but applying the law correctly requires legal experience.
An experienced personal injury attorney can:
- Determine whether negligence per se applies.
- Investigate the accident.
- Gather and preserve evidence.
- Work with expert witnesses.
- Negotiate with insurance companies.
- Take your case to trial if necessary.
Having the right legal representation can significantly improve your chances of recovering fair compensation.
Why Choose Orange Law?
At Orange Law, we fight for injured Texans in cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Premises liability
- Workplace injuries
- Wrongful death
Our team understands Texas personal injury law and is committed to helping clients hold negligent parties accountable while pursuing the maximum compensation available.
Contact Orange Law Today
If you were injured because someone violated a safety law, you may have a stronger legal claim than you realize.
Contact Orange Law today for a free consultation. We’ll review your case, explain your legal options, and fight for the compensation you deserve.
Frequently Asked Questions
What is negligence per se in Texas?
Negligence per se is a legal doctrine that allows a court to treat the violation of a safety law as evidence that a person breached their duty of care, provided certain legal requirements are met.
What are examples of negligence per se?
Common examples include speeding, running a red light, driving while intoxicated, violating the Texas Move Over Law, or violating certain building or safety codes.
Does negligence per se guarantee compensation?
No. You must still prove that the legal violation caused your injuries and that you suffered damages.
Should I hire a lawyer if negligence per se applies?
Yes. An experienced personal injury attorney can determine whether the doctrine applies, build a strong case, negotiate with insurance companies, and help you pursue the maximum compensation available.