Unexpectantly getting injured in an accident can be a scary and stressful experience, and it can even become frustrating if the accident was avoidable. In Texas, victims of preventable accidents may be eligible for compensation by filing a personal injury claim against the person who caused the incident. To win their case, the victim must prove that the person’s negligence directly led to their injuries. However, victims can have an easier chance of winning if the person who caused the accident was guilty of “negligence per se”. Continue reading this blog to find out more about what this means, or contact a Bexar County, Texas Personal Injury Lawyer today for individualized legal counseling.


In the courtroom, negligence is a person’s failure to minimize harm to the general public by practicing reasonable care. Normally, the victim’s legal team must prove the person who caused the accident was negligent using a few steps. The first step is called duty, which refers to the duty of reasonable care that citizens owe the general public. Next, the victim’s legal team must show that the negligent person breached their duty by not using reasonable care. With these two steps, the victim can then prove that the person’s negligence led to the victim’s injuries.

In a nutshell, “negligence per se” basically means that the negligent person broke a law when causing the accident. Therefore, the victim won’t need to prove that the person who caused the accident acted negligently because they’re already considered negligent for breaking a law. In negligence per se cases, the victim can skip the first two steps of proving negligence in the courtroom.

An example of negligence per se would be an accident where a drunk driver crashed into another car, injuring that driver. In this scenario, the drunk driver broke the law by operating a vehicle while intoxicated, so they automatically breached their duty of care. Since drunk driving laws are meant to prevent accidents that harm others, drunk driving accidents are almost always considered negligence per se.


The concept of “negligence per se” is incredibly important for personal injury cases because this can help victims win compensation much easier. There are many laws in place to protect the general public from harm, and the negligent person can be held responsible for breaking a law that is meant to prevent accidents that could cause injuries. When the jury decides on a negligence per se case, they’ll only need to determine whether the negligent person broke the law and whether this action led to the victim’s injuries.

Have you recently been injured in a preventable accident due to someone else’s negligent actions? You might want to speak with a dedicated personal injury lawyer who can help you determine your best options. Thankfully, our effective law firm is on your side! Contact our highly experienced team today for an initial consultation.