Connecticut has many laws that govern traffic safety. These laws apply to behaviors ranging from driving at the proper speed, to avoiding drugs or alcohol, to the use of seatbelts and child restraints. So what is the effect, if any, when you get into an accident with another driver and that driver was in violation of a traffic safety law when the accident happened?
As an individual citizen, you would not be in position to prosecute the other driver for breaking the law. That is what prosecuting attorneys and criminal trials are for. But that does not necessarily mean that you cannot use the other driver’s violation of law in your favor in a civil case for money damages.
The key concept here is what is known as “negligence per se.” What this means is that under Connecticut law someone else’s violation of a statute can serve as evidence of that person’s breach of a duty of care to you.
The elements of negligence per se are:
- The other person violated a statute, ordinance or regulation;
- That violation directly led to the death or injury of another person, or to property damage;
- The death, injury or property damage happened because of something that the law was meant to protect against;
- The person who suffered the injury, death or property damage was the type of person whom the law was written to protect.
If all of these elements are met, then the legal violation can be used as evidence that the other person was negligent.
There are some caveats to keep in mind when it comes to negligence per se. First, it is not a cause of action in itself, but an evidentiary tool, specifically with regard to causation. Second, there are some defenses to it, such as if the person who violated the law was 16 years of age or less.
This post is intended for general information purposes only, and is not meant as legal advice. Your personal injury attorney will be able to advise you on whether and how you may be able to use negligence per se to your advantage in pursuing a car accident-related claim for injury or property damage, as well as with other legal and evidentiary issues.