What Is “Negligence Per Se” In Personal Injury Cases?

person looking at negligence per se document

When someone is injured in a preventable accident, the victim may be able to seek compensation for their injuries from the person who caused the accident. In a personal injury claim, the victim’s legal team must prove that the person’s negligence directly led to the accident and the victim’s subsequent injuries. In the courtroom, negligence is when someone fails their duty of reasonable care to minimize harm to the general public. In New Jersey courts, victims usually have an easier time winning compensation if the negligent person broke a law when causing the accident. Have you ever wondered what “negligence per se” means? Our knowledgeable law firm has the answers you need! Read on to find out how a Morris County Personal Injury Attorney can provide individualized legal counseling today.


Normally in personal injury cases, the victim’s legal team must prove that the person who caused the accident acted negligently. The first two steps in proving negligence are often called duty of care and breach of duty. This means that the negligent person had a duty to act in a way that prevents harm to others, and they failed this duty. In cases where the negligent person broke a law that led to the accident, the victim doesn’t need to worry about proving these first two steps. This is because someone is guilty of negligence per se when they break a law and subsequently cause a preventable accident.

One of the most common examples of negligence per se is drunk driving. While driving under the influence of alcohol is illegal for many reasons, mostly it’s because of the dangers it poses to others. Let’s say someone drives while intoxicated and crashes into another vehicle, injuring the other driver. In this scenario, the other injured driver can likely file a personal injury claim against the drunk driver on grounds of negligence per se. The drunk driver knew or should have known that driving while intoxicated could pose a threat to the general but drove anyway. Not only would the drunk driver be guilty of breaking the law, but they would likely owe compensation to the other driver since the accident was completely preventable.

Have you recently been injured as a result of someone else’s negligent actions? You might want to speak with a dedicated personal injury attorney who can help you determine your best options moving forward. Thankfully, Lutz Injury Law is on your side! Contact our highly experienced team today for an initial consultation.

  • This field is for validation purposes and should be left unchanged.