Tennessee Car Accidents Caused by Speeding: What is Negligence Per Se and How Does it Work

Motorists who engage in driving at speeds that exceed the posted speed limit endanger the safety of all who are in their vicinity.  Due to the large number of fatalities that result from Tennessee car accidents, many traffic safety statutes have been designed to protect the public.  The statutes have been designed to discourage drivers from engaging in dangerous and reckless behavior that puts innocent drivers on the road at risk.  However, despite the existence of these statutes, many drivers still violate them.  Thus, if you believe you have been injured in a car accident as the result of a motorist exceeding the speed limit, contact an experienced Tennessee car accident attorney to represent you to investigate the accident.

Vehicles that are manufactured to be used on public roadways and the roadways themselves are designed and built for driving within a certain range of speed.  The speed limit is a reflection of the assessment of the maximum speed at which the roadway can be driven safely given the conditions.  However, if the speed limit is violated, the driver’s ability to safely handle a vehicle is compromised in the following ways:

• The braking distance is increased;
• The reaction time to avoid a roadway obstruction or other vehicles is shortened;
• Due to the driver’s inability to navigate turns successfully, rollovers or driving off the road becomes more likely; and
• Speeding while in contact with water or debris leads to an increased susceptibility to losing control of the vehicle.

When a violation of a traffic law causes a car accident that results in injuries, the violation of the statute itself could be a basis for finding the driver to have been negligent.

Proving Liability: Negligence Per Se

The doctrine of negligence per se (or negligent as a matter of law) is when an act is considered negligent simply because it violates a statute or ordinance.  However, a negligence cause of action is not created for the violation of every statute.  The doctrine of negligence per se allows recovery only when three elements are established:

• It must be shown that the defendant violated a statute or ordinance, and that statute or ordinance imposes a duty or prohibits the act in order to benefit a person or the public;
• The injured party was a member of the class of person the legislature intended to be protected or to benefit from the statute or ordinance; and
• The negligence must be the proximate cause of an injury that the statute was designed to prevent (the class of harms).

The court should also consider:

• If the statute is the only source of the defendant’s duty to the plaintiff;
• Whether the prohibited or required conduct is clearly defined in the statute;
• Whether liability without fault is imposed by the statute;
• If damage awards that are disproportionate to the statutory violation would result by using the negligence per se doctrine; and
• Whether the plaintiff’s injury resulted from a direct or indirect violation of the statue.

A person is not able to escape liability when there conduct is negligent per se by trying to prove that he or she was acting reasonably under the circumstances.  However, finding a person to be negligent per se does not equal finding liability per se.  The plaintiff still needs to establish causation, legal cause, and damages.

Here at Bailey and Greer, PLLC our Tennessee car accident attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.  Remember, you only have one year from the date of the accident to commence your action to recover compensation.