[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.marksandharrison.com\/blog\/whats-the-difference-between-negligence-and-negligence-per-se\/#BlogPosting","mainEntityOfPage":"https:\/\/www.marksandharrison.com\/blog\/whats-the-difference-between-negligence-and-negligence-per-se\/","headline":"What\u2019s the Difference Between Negligence and Negligence Per Se?","name":"What\u2019s the Difference Between Negligence and Negligence Per Se?","description":"Most personal injury cases\u00a0are based\u00a0on the defendant\u2019s negligence.\u00a0The legal standard requires establishing that the defendant owed the plaintiff a duty of care\u00a0which\u00a0they breached. In cases relying on general negligence, the test is whether the defendant behaved like a reasonable person would in a similar situation. In contrast, negligence per se focuses on the violation of […]","datePublished":"2024-06-17","dateModified":"2026-04-02","author":{"@type":"Person","@id":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/#Person","name":"Marks & Harrison","url":"https:\/\/www.marksandharrison.com\/blog\/author\/marksandharrison\/","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/5f19b40a73ab49e8af765493aafa8c5651a274c64ede1000eb57bb6a971fb6c8?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Marks & Harrison","logo":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2026\/01\/logo.png","width":235,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2024\/06\/negligence.jpg","url":"https:\/\/www.marksandharrison.com\/wp-content\/uploads\/2024\/06\/negligence.jpg","height":667,"width":1000},"url":"https:\/\/www.marksandharrison.com\/blog\/whats-the-difference-between-negligence-and-negligence-per-se\/","about":["Car Accidents"],"wordCount":1053,"articleBody":"Most personal injury cases\u00a0are based\u00a0on the defendant\u2019s negligence.\u00a0The legal standard requires establishing that the defendant owed the plaintiff a duty of care\u00a0which\u00a0they breached. In cases relying on general negligence, the test is whether the defendant behaved like a reasonable person would in a similar situation. In contrast, negligence per se focuses on the violation of a statute or regulation.The difference between negligence and negligence per se could have a significant impact on your personal injury claims. If you\u2019ve\u00a0been hurt\u00a0in an accident, a\u00a0Virginia personal injury lawyer\u00a0from Marks & Harrison can help you find the best strategy to seek compensation for your injuries through a\u00a0negligence claim.Contact us now for a free claim review.How Do You Prove Negligence?Essentially, a person acts\u00a0negligently\u00a0when they fail to act with the care\u00a0with which\u00a0a hypothetical\u00a0reasonable person\u00a0would have in similar circumstances.\u00a0Establishing\u00a0that a person behaved negligently is usually critical to winning a\u00a0personal injury case.Proving a negligence claim involves establishing the following elements:The defendant owed the plaintiff (the person bringing the case) a legal duty of care. For example, the defendant was driving on the highway and\u00a0was obligated\u00a0to do so with care and attention.The defendant breached that duty. Let\u2019s say they did not check their blind spot before merging lanes, causing a car accident.The plaintiff suffered harm. Continuing our example, the plaintiff\u00a0suffered\u00a0a back injury that necessitated surgery, left them unable to work while they healed, and caused them considerable pain.The defendant\u2019s actions caused the harm. Finally, the plaintiff would not have suffered their back injury had the other driver checked their blind spot before merging into the plaintiff\u2019s lane and hitting their car.Establishing these four elements requires considerable evidence, such as:Photos and videos \u2013 These capture the scene where the accident occurred, showing conditions like lighting, weather, and potential hazards.Witness statements \u2013 People who saw the accident can provide firsthand accounts of what happened, which can help establish the sequence of events.Medical records \u2013 These document any injuries sustained, linking them directly to the accident and demonstrating their severity.Accident reports \u2013 Reports from the police or other authorities contain crucial details about the incident and often include an initial assessment of fault.Physical evidence \u2013 Items from the accident scene, such as damaged clothing or equipment, can show the impact and context of the event.Expert analysis \u2013 Professionals in fields like accident reconstruction can explain how the accident likely occurred. Contact our Richmond car accident attorney today.How Do You Establish Negligence Per Se?The term \u201cper se\u201d is Latin for \u201cin itself.\u201d In a personal injury lawsuit involving negligence per se, the plaintiff argues that the defendant is, by definition, negligent because they broke a safety law meant to protect people from injury. Therefore, the defendant is presumed to have owed a duty and breached it, and the plaintiff must only prove that they suffered harm\u00a0as a result.A typical example of negligence per se is a car accident involving a motorist\u2019s violation of traffic laws. If the motorist was speeding in violation of Virginia law and caused a collision with another vehicle, the speeding motorist could be considered negligent per se for breaking the speed limit and causing a car accident.Which Is More Difficult to Prove \u2013 Negligence Per Se or General Negligence?Proving an ordinary\u00a0case of negligence\u00a0requires the plaintiff to establish that the defendant owed them a duty of care and then breached that duty.\u00a0This\u00a0involves a detailed analysis of what constitutes reasonable care in the given circumstances.Proving negligence per se, on the other hand, is typically easier than proving ordinary negligence because it involves fewer elements. In cases of negligence per se, the focus is on whether the defendant broke a law intended to prevent the type of harm that occurred. If the plaintiff proves the defendant did\u00a0indeed\u00a0break the law, the court assumes that the duty of care existed and that the defendant breached it. The plaintiff does not have to establish these elements independently.What Is the Burden of Proof?In personal injury cases, the\u00a0burden of proof rests on the plaintiff, meaning the plaintiff has\u00a0to prove their case to the court, similar to how the prosecution has the burden of proof in criminal cases.\u00a0It is up to the plaintiff to show that what they are alleging is true. The defendant must only refute those allegations.However, there is a crucial difference between criminal and civil law when satisfying that burden of proof \u2013 what must\u00a0be established\u00a0for the court to treat an allegation as fact. In criminal cases, the burden of proof is that the defendant is guilty beyond a reasonable doubt. There must be no likelier explanation for the\u00a0established\u00a0facts of the case than the defendant\u2019s guilt. In a civil case like a personal injury suit, the plaintiff must only show by a preponderance of the evidence that the defendant behaved negligently \u2013 that it is more likely than not that the defendant was negligent.Are There Any Defenses in Negligence Per Se Cases?There are some strategies defendants can use\u00a0in negligence per se cases.\u00a0One common defense is proving that the violation of the law was reasonable under the circumstances. For instance, if the defendant broke the law because of an emergency, they could show that the risk of harm in breaking the law was less than it would have\u00a0been had\u00a0they complied with\u00a0the law.Another defense could be showing that the violation did not cause the injury. This approach\u00a0involves arguing\u00a0that the injury would have happened regardless of the law\u00a0being broken. These defenses require showing specific reasons why the usual conclusions of negligence per se should not apply.Contact a Virginia Personal Injury LawyerHave you been injured in an accident due to someone else\u2019s negligence? If so, you need help from our\u00a0Virginia personal injury attorneys\u00a0to prove your case. As a highly experienced and dedicated\u00a0personal injury law firm, Marks & Harrison is fully prepared to find the best strategy to establish the other party\u2019s negligence.Call us today or complete our contact form for a free consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.marksandharrison.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What\u2019s the Difference Between Negligence and Negligence Per Se?","item":"https:\/\/www.marksandharrison.com\/blog\/whats-the-difference-between-negligence-and-negligence-per-se\/#breadcrumbitem"}]}]