Driving; Negligence Pe Se Research Memorandum


Negligence per se is the legal theory that a person may be negligent due to the violation of a public duty under a law that defines the failure of care required to constitute negligence. In other words if a law states that a driver is supposed to stop or yield at a specific point and the driver fails to do so the driver is negligent, no matter what other actions the driver might have taken. Negligence per se can occur when a person takes a certain action such as exceeding the posted speed limit or fails to take a certain action, such as turning their headlights on at night. The following is a list of code sections that are potentially negligence per se.

Please see full memo below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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