Posted by : attorney stevelee

Examples of Negligence Per Se

When a driver faces a lawsuit, the claim against him is typically based on a theory of ordinary negligence. While he may not have broken the law, his behavior was contrary to that of a reasonable person. However, another type of claim, negligence per se, depends on a violation of the law.

Negligence Per Se

Typical examples of driver behavior that may be considered negligence per se include:

  • Street racing. Street racing is illegal in Texas. According to section 545.420 of the Texas transportation code, drivers are prohibited from participating in:
    • A race.
    • A vehicle speed competition.
    • A drag race.
    • A test of physical endurance of the vehicle operator.
  • Running a stop light. Section 544.007 of the Texas transportation code requires vehicle drivers to stop when approaching a steady red signal.
  • Driving on the left. Generally, drivers are required to keep to the right side of the road, as outlined in section 545.051 of the Texas transportation code.
  • Driving under the influence. A driver operating a motor vehicle in public while he’s intoxicated is committing an offense under section 49.04 of the Texas penal code.
  • Negligent entrustment. Entrusting a vehicle to an unlicensed driver endangers everyone on the road, and it’s against the law. Section 521.458 of the Texas transportation code states that a person may not knowingly permit an unlicensed driver to operate his vehicle.
  • Blocking a roadway. Section 42.03 of the Texas penal code prohibits drivers from intentionally, knowingly, or recklessly obstructing a roadway.
  • Running a stop sign. Section 545.151 of the Texas transportation code requires a driver to come to a complete stop when a stop sign is present.

Receiving Compensation

If you’ve been injured by a driver who violated any of these laws, you may be entitled to sue for damages through a negligence per se claim. An experienced vehicle accident attorney who understands the relevant Texas statutes can help you receive the compensation you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

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