Maryland and several other states have a doctrine called negligence per se.
Glen Burnie, MD – Many car accidents are caused by a driver who breaks some kind of traffic law such as speeding, distracted driving, drunk driving, going through stop signs, or driving without their lights on at night. In these situations, the accident victim can sue the person responsible for the crash, and they may be further aided by the doctrine of negligence per se to show how the traffic law violation resulted in the crash. Anyone who has recently been harmed in a collision and has questions about these matters and the process to bring a civil case for compensation can contact a local attorney for advice.
When a driver is sued after a car crash, they are almost always served with a civil lawsuit for negligence. This doctrine has four elements, which are related to the duty of care on the roads, a violation of that duty, actual causation, and damages. Negligence cases also allow accident victims to summarize all of their costs and losses, and then try to get the defendant to pay for all of these amounts. Things like mistakes on the road can be used to show negligence, however there is also a much more specific doctrine that is relevant to suing drivers who cause accidents while they are in violation of the state’s traffic laws.
Negligence per se
Maryland and several other states have a doctrine called negligence per se. This means that the elements of negligence are conclusively established by the plaintiff if certain other factors related to a violation of a traffic law are present. Under Maryland law, the plaintiff needs to show that the person they are suing violated the traffic law in question, and then that their violation of this law was the proximate cause of the plaintiff’s losses and injuries. In many traffic accident cases, this can be a fairly straightforward process. For example, a driver who runs a red light and then crashes into another car would likely meet this test, as they broke the law and caused the accident while doing so. If it appears that a driver received a traffic citation for their involvement in the collision, their insurance company will likely want to settle the case, as it is more difficult to defend these drivers.
Motor vehicle collision lawyers in Maryland
Murnane and O’Neill is a practice that handles car accident lawsuits for local clients in the Glen Burnie area. People who need compensation for their injuries can meet with their lawyers to discuss the possibility of a civil case against the driver responsible.
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