The practice that allows this conclusion is “negligence per se” for the victim will be much easier to receive the damage. The key point in this type of case is that jury doesn’t have to consider whether some act is done out of reasonable actions or not. If a defendant violates certain regulation, statute or rule his actions are assumed to be unreasonable. The jury will have to decide if defendant violated the statute and created an accident, but the standard care is taken for granted.
In most states that have incorporated the practice of “negligence per se” the plaintiff will have to prove that defendant breached the law or regulation approved for safety reasons – the plaintiff must belong to the class which regulations and law is intended to protect and that violation brought an injury or damage to the plaintiff.
T he law must be made in that order to guard the class to which plaintiff belongs. When a person is convicted for a crime, like drunk driving, gathered evidence have to be applicable read more. In that case it will be easier to prove a crime and “negligence per se”.