Texas Negligence Per Se: Using Traffic-Code Violations to Establish Breach

Negligence per se doesn’t guarantee a win, but if the violation is relevant to the harm caused, it can strengthen your case. If you have a disputed claim or the other driver clearly broke a rule, understanding negligence per se can help you pursue your auto accident litigation in Tyler, TX, when insurers downplay the violation.

What “Negligence Per Se” Means in Plain English

Negligence per se is a legal concept that treats the violation of certain laws or regulations as evidence of negligence. In everyday terms, it means the law itself can help set the standard of care. Instead of debating what a “reasonable driver” would do, you point to a specific rule the driver broke.

Traffic codes exist to prevent predictable harm. When a driver violates those safety rules, it may support the argument that they breached their duty. The key is showing the rule was designed to protect people like you from the type of harm that happened.

The Core Elements You Typically Need to Show

Negligence per se isn’t just “they broke a rule, so they’re liable.” It usually requires a clear link between the rule and the injury. While details vary by case, the basic points often include:

• A traffic law or safety statute existed
• The defendant violated that law
• The law was meant to prevent the kind of injury that occurred
• The injured person was within the class of people the law was meant to protect
• The violation contributed to causing the crash and damages

Why Traffic-Code Violations Can Be So Powerful

Insurance companies argue aggressively about “reasonableness,” especially when evidence is mixed. Negligence per se can limit that debate. A clear red-light violation, for instance, gives the claim a solid foundation: the law prohibited the conduct, the driver did it anyway, and the crash followed.

This can be especially persuasive in disputed intersection crashes, failure-to-yield cases, and speeding-related wrecks. When the rule is clear and the evidence supports the violation, it becomes harder for the at-fault driver to hide behind subjective explanations.

Common Traffic Violations Used in Negligence-Per-Se Arguments

Certain violations show up repeatedly in crash cases because they directly relate to roadway safety. Examples can include:

• Running a red light or stop sign
• Speeding or driving too fast for conditions
• Failing to yield while turning left or merging
• Following too closely
• Improper lane changes or unsafe passing
• Failure to maintain a single lane
• Driving without required lighting at night
• Violations involving school zones or crosswalk rules

Where the Evidence Comes From

To use negligence per se, you must prove a violation. Evidence can come from various sources. A police report may include a citation or observations about the incident. Witness statements can confirm details like whether the light was red or if the driver was speeding, and video footage can be very helpful.

Modern cars also record crash-related data, such as speed and braking. Scene evidence, like skid marks and debris patterns, can support your claim. Sometimes, admissions matter too—people often say things like “I didn’t see the sign” or “I thought I could make it.”

What If the Driver Wasn’t Ticketed?

A lack of a ticket does not automatically mean there was no violation. Officers may not witness the crash, and citations can depend on available information. Sometimes an officer issues no citation because the scene is chaotic, injuries require immediate attention, or fault is unclear in the moment.

Civil liability can still be proven with other evidence. The focus is on what actually happened, not just whether a citation was issued. If witnesses, video, physical evidence, or crash data show a violation, negligence per se may still be argued even without a ticket.

Defenses and Exceptions: Why the Violation Isn’t Always the End of the Story

Drivers and insurers often try to excuse a violation. They may argue the driver had a valid reason or that compliance was impossible under the circumstances. For example, a driver might claim sudden mechanical failure, an unexpected roadway hazard, or an emergency situation required immediate action.

They may also argue causation: that the violation happened, but it didn’t cause the crash. For example, a driver may have been speeding, but the accident might have occurred because another vehicle made an illegal turn directly into their path. In these cases, the violation may still matter, but it won’t automatically control the outcome.

How Negligence Per Se Interacts With Comparative Fault

Texas uses a modified comparative fault system, which means a person’s recovery can be reduced by their percentage of responsibility and can be barred if they are found more than 50% at fault. Insurers often try to shift blame onto the injured person to reduce payout.

Negligence per se can help push back when the other driver clearly violated a safety law. Still, the injured person’s actions may be scrutinized. That’s why evidence and careful claim framing matter: you want the violation to stand out as the primary cause of the collision.

Practical Steps to Strengthen a Negligence-Per-Se Case

When a traffic law violation appears to have caused a crash, early, detailed documentation can make it much easier to prove fault.

• Photograph key scene details. Capture the intersection, traffic lights or signs, lane markings, sightlines, and any visibility issues.
• Collect witness contacts. Witnesses can confirm what happened when drivers disagree.
• Request surveillance footage quickly. Nearby businesses, traffic cameras, or doorbell cameras may have video—but it can be deleted fast.
• Watch what you say. Keep statements factual and avoid guessing, apologizing, or minimizing what occurred.
• Get medical care promptly. Early treatment records help document injuries and connect them to the crash.
• Stay organized. Clear timelines and preserved evidence make it easier to link the violation to the collision and resulting damages.

A Clear Violation Can Turn a Disputed Claim Into a Stronger Case

Negligence per se can be an effective argument in Texas car accident cases because traffic laws aim to prevent crashes. If a driver clearly broke a safety rule and this links to the accident, it’s easier to prove fault.

If a driver violated a rule and their insurance isn’t taking responsibility, strong evidence can help. A clear negligence per se argument can define fault, improve your negotiating position, and ensure your claim reflects what the law expects from safe drivers in Texas.