What Is Negligence per Se in Illinois Car Accident Cases?

Negligence Per Se: A Key Factor in Car Accident Claims

Negligence per se is a legal concept that makes it so a defendant is automatically responsible for damages in an Illinois car accident lawsuit. It means that if a driver violates a traffic law, they’re automatically considered negligent.

Proving that an at-fault driver broke a traffic regulation can make it easier to establish who should be held responsible and allows you to recover appropriate compensation.

In Illinois, many of these laws come from the Illinois Vehicle Code, which outlines specific requirements for drivers. Understanding how negligence per se works can help you see whether it applies to an accident you were involved in.

If you have any questions, contact Rosenfeld Injury Lawyers today to speak with a Chicago auto accident attorney.

How Negligence Per Se Differs from Ordinary Negligence

Negligence per se differs from ordinary negligence in that it involves the violation of a specific law created to protect public safety. With ordinary negligence, an injured party must show that someone acted negligently and it led to harm. This is typically based on a reasonable person standard.

Negligence per se simplifies this process. If a driver breaks a statute designed to prevent accidents—such as running a red light or driving under the influence—then the defendant’s violation is enough to establish the breach of duty, eliminating the need to prove anything else.

Four Elements to Proving Negligence Per Se

There are four elements that must be proven to show negligence per se:

• A Law Was Violated: The first step is showing that the defendant violated a law designed to protect people, such as running a red light or speeding.
• The Law Was Designed to Protect Public Safety: This rule must be one that specifically aims to prevent the sort of harm or accident in question, rather than a law unrelated to driving behavior.
• The Defendant’s Violation Caused the Car Accident: You need to show that this breach of the law was the reason the accident happened and caused you to be injured.
• The Injured Party Was Within the Class of People the Law Protects: The final element is that you must prove that you fall under the group the statute exists to safeguard, such as other motorists, pedestrians, or passengers on the road.

Examples of Negligence Per Se in Illinois Car Accidents

Sometimes, a driver in Illinois is considered negligent when they break a law that’s meant to protect others on the road. Examples of negligence per se could include:

• Running a red light and causing a car accident, causing injuries to the plaintiff
• Speeding in a construction zone and hitting another vehicle
• Driving under the influence and the drunk driver crashes into someone else
• Use cell phones/texting behind the wheel and rear-ending another car

These scenarios show how per se negligence can arise if a defendant’s behavior and illegal actions lead directly to an accident and caused a plaintiff to be injured.

Comparative Negligence and How It Affects Your Car Accident Case

Comparative negligence is an important concept to understand if you’ve been injured in an accident and may share some responsibility for what happened. It’s a legal principle that allows someone to recover damages, like medical expenses, lost wages, or even punitive damages, even if they are partially to blame for the accident that led to the plaintiff’s injury.

However, the plaintiff’s compensation will be reduced based on their level of fault.

Example Drunk Driving Crash: You Were Speeding and Got Hit by a Drunk Driver

Imagine you were driving slightly above the speed limit when a drunk driver ran a stop sign and hit your car. While the other driver is mostly responsible for the crash, your speeding might also be considered a contributing factor.

If it’s determined that the defendant’s actions made them 80% responsible and you were 20% at fault, your compensation would be reduced by that percentage. So, if your total damages for medical care, lost income, and other financial losses were $10,000 in the drunk driving crash, you would be eligible to recover $8,000.

Illinois follows a modified comparative negligence system. This means you can only recover damages if your share of fault is 50% or less. If a plaintiff is found to be more than 50% responsible for being injured, they won’t be able to receive compensation for their injuries and losses.

Understanding how your responsibility and someone else’s fault is determined can make a huge difference in the outcome of your negligence lawsuit, so working with an attorney who can evaluate the specifics of your personal injury case is important.

How Negligence Per Se Can Strengthen an IL Personal Injury Claim

Negligence per se can play an important role in strengthening a plaintiff’s personal injury claim in Illinois. This legal concept applies when the at-fault party violates a public safety statute, such as running a red light or driving under the influence. These code violations can make it easier to establish liability because the statute itself sets a clear standard of behavior.

When negligence per se is involved, insurance companies may be more inclined to settle fairly, knowing the violation can serve as strong evidence in court. This can simplify the legal process for victims seeking fair compensation by filing a personal injury lawsuit.

Defenses Against Negligence Per Se in Illinois

While evidence of negligence per se can strengthen most personal injury cases, the at-fault party may raise defenses to challenge liability. The defense may argue that:

• The driver was forced to break the statute due to an unexpected emergency, such as swerving to avoid another accident.
• The driver was unaware of the specific statute or physically unable to comply because of factors beyond their control.
• Following the law in that particular situation might have created a greater risk of harm.

Although these arguments can be raised, they are generally difficult to prove in personal injury cases involving traffic violations. When clear evidence of negligence exists, such as running a red light, courts are less likely to accept these defenses.

Why You Need a Lawyer for a Negligence Per Se Case

When you’ve been injured and believe negligence per se applies because the defendant violated a traffic statute, a knowledgeable attorney can guide you through a legal claim by taking the following steps:

Gather Evidence

A plaintiff’s lawyer can help collect traffic camera footage, police reports, and statements from anyone who saw the accident happen. Putting together credible evidence makes it harder for the at-fault driver or insurance company to dispute the facts.

Solid documentation is especially helpful when trying to demonstrate that a traffic statute was violated and the defendant was negligent.

Prove the Defendant Violated a Law

An attorney will identify which safety regulations and statutes apply to your case and show how they were broken. By showing that the violation of the statute caused the plaintiff’s injuries, a lawyer can streamline the process of proving liability. This approach saves time compared to proving negligence from scratch.

Negotiate with Insurance Companies

Insurance adjusters often aim to pay out as little as possible, especially if they see any room to question your version of events or how severe your injuries are. Having an attorney on your side helps ensure your story is heard and that you reach a fair settlement.

If negotiations stall, your lawyer can also guide you on the possibility of further taking legal action to protect your interests.

Fight Off Attempts to Reduce Your Claim

Even with clear evidence, insurance carriers might still try to minimize their payouts. An attorney can push back against those tactics, highlighting the strength of a plaintiff’s negligence per se argument. With legal representation, you’re in a stronger position to obtain a fair amount from your claim.

Working with professional legal representation will put you in the best position to handle the complexities of your negligence per se case and obtain a better financial recovery for your injuries.

Schedule a Free Consultation to Discuss Your Negligence Case

If you suffered injuries as a result of a driver who violated Illinois traffic laws, the concept of negligence per se can improve your chances of recovering damages for medical bills and other losses. Rosenfeld Injury Law is here to guide you every step of the way, offering a free case evaluation to discuss your circumstances and legal options.

Call (888) 424-5757 or complete our online contact form.

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Champaign, Elgin,Naperville, Springfield and throughout Illinois.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.