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Law Offices of Shane Smith

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Negligence Per Se in Truck Accidents

If a party is unwilling to settle in a case involving truck accidents and injuries, the case may go to trial before a jury of your peers. Trials can be lengthy and costly, though may sometimes be necessary to make sure you receive the full amount you deserve from the responsible party. Generally in a trial, a jury will decide whether the party was negligent based on the evidence presented. If the jury decides the party was not negligent, you will not be able to recover, so proving negligence is vital to your case. If the other party violated a law, however, they may be found “negligent per se,” which is a legal doctrine that deems a party automatically negligent. Our Fayette County truck accident attorneys use the doctrine of negligence per se as often as possible to help our clients recover.

“Negligence per se” translates from Latin to “negligence in itself.” This means that a party may be found negligent as a matter of law instead of as a matter of fact. This can be very helpful in an injury case because it allows a judge to deem a party negligent under the law, instead of having the issue of negligence brought before a jury in a trial. This means that the main issue at trial would be the amount of your losses. In many cases, once a judge deems a party negligent per se, the party is more likely to offer an appropriate settlement to avoid the time, energy, and costs of trial. This saves victims time and stress, as well, and they will pay fewer attorney’s fees out of there settlement amount.

Contact a Fayette County truck accident attorney for a free consultation

If a truck driver breaks the law and causes an accident and injuries, that driver should be held responsible for all of your accident-related losses. The experienced truck accident lawyers at the Law Offices of Shane Smith know how to use legal doctrines such as negligence per se to help accident victims fully recover for their losses. If you have suffered injury, please do not hesitate to contact our office at (770) 487-8999 today to schedule you free consultation.


Shane Smith
Advocate for the Seriously Injured in Georgia