Does A CDL Violation Trigger Negligence Per Se?
In the U.S. legal system, there are two types of negligence that are discussed in civil cases. Ordinary negligence is when a person’s actions (or lack thereof) breach the duty they owed to exercise an appropriate degree of care. Negligence per se is a different concept that holds a defendant liable for damages if they violate a law by harming someone that law is intended to protect. The latter can be useful in cases involving commercial motor vehicles because an injured plaintiff need not establish that anyone was negligent – rather, it is simply assumed, as a matter of law.
“As A Matter Of Law”
A person unfamiliar with negligence per se as a doctrine may think it unfair, given that the burden of proof is significantly reduced for the injured plaintiff if it applies. However, the mere act of breaking the law gives rise to a presumption of negligence – obviously, that presumption is not always proven true, but it will be if the plaintiff can show that the defendant broke a certain law intended to protect that class of people.
For example, a person who drives their car while intoxicated and injures a pedestrian is guilty of violating Florida’s drunk driving laws. The drunk driving laws are in place specifically to protect the welfare of other road users – and since the driver broke that law by injuring a road user, they will likely be deemed negligent per se (“as a matter of law”) in causing the pedestrian’s injuries. This means the pedestrian does not have to exhaustively prove negligence; they can simply point to the broken law and declare that this is the case.
Several Different Options
There are different types of offenses that can be used as grounds for a negligence per se claim in Florida, and if you have been involved in an accident with a commercial motor vehicle (CMV), you may wonder if violations related to their driver’s Commercial Driver’s License (CDL) would qualify as a law being broken for the purposes of negligence per se. The answer is ‘probably,’ but in a case involving a CMV, there are options which may result in a more positive outcome.
If you suspect that the driver of the CMV directly caused your accident, you may be able to file suit against their employer (who usually has far deeper pockets) as long as you can establish that the driver was acting within the scope of their employment. You may also be able to file suit against the owner of the CMV for what is known as negligent hiring – though it is important to know that Florida law does have a presumption against this kind of negligence built in. Still, every case is different, and consulting an attorney is always a good first step.
Contact A Tampa CMV Accident Attorney
Accident cases involving commercial motor vehicles can devolve into long and complex battles, regardless of which theory of law you choose to pursue in seeking compensation. A Tampa CMV accident attorney from the Rinaldo Law Group can guide you through the process, and hopefully give you the best possible chance to recover financially while you work on recovering physically and emotionally. Call our office today to schedule a free consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.193.html
