A Guide to Traffic Law Violations and Negligence Per Se in PA

When you’ve been hurt in a car wreck, proving the other driver was at fault can feel like an uphill battle. But in Pennsylvania, there’s a powerful legal tool that can make things much clearer: negligence per se.

Simply put, if the other driver broke a traffic law and caused the crash, their violation can often serve as automatic proof of their negligence. It’s a legal shortcut that can make a huge difference in your personal injury claim.

How a Traffic Ticket Can Automatically Prove Fault in PA

Think of it this way: traffic laws are the non-negotiable safety rules of the road. In a typical car accident case, your lawyer has to painstakingly build an argument showing the other driver didn’t act like a "reasonably careful person." That can lead to endless debates about what’s “reasonable.”

Negligence per se cuts right through all that noise. The law basically says that when someone breaks a safety rule—like a traffic law—and that action causes the exact kind of accident the rule was designed to prevent, their carelessness is already established. The question is no longer about their judgment; it’s about a simple fact: did they break the law?

Seeing the Legal Shortcut in Action

Let's say a driver blows through a red light and smashes into the side of your car. Without negligence per se, you might have to argue about whether they were distracted or just misjudged the yellow light.

With it, the argument becomes much more straightforward:

• The Rule: Pennsylvania Vehicle Code § 3112 clearly states that drivers must stop for a red light.
• The Violation: The other driver broke that exact rule.
• The Harm: The T-bone collision and your resulting injuries are precisely what red light laws exist to prevent.

In this situation, the driver’s traffic violation speaks for itself. It establishes their fault, giving you a rock-solid foundation to demand fair compensation for your medical bills, lost income, and pain.

A Common Example: Distracted Driving

Distracted driving is a perfect real-world example. When a driver is texting, eating, or doing anything other than focusing on the road, they are violating their fundamental duty to drive safely. It's a massive problem here in Pennsylvania.

State court data reveals that over 10,000 distracted driving offenses were ticketed between 2022 and 2026, and these are just the ones who got caught. This behavior directly contributes to the staggering 115,938 total car accidents Pennsylvania has seen in recent years. You can explore the full breakdown of distracted driving offenses in Pennsylvania to see just how widespread the issue is.

Key Takeaway: A traffic ticket isn't just a piece of paper; it's powerful evidence. When the at-fault driver is cited for a moving violation, it creates a strong presumption of fault that insurance companies can't easily ignore. This gives you critical leverage and often leads to a fairer settlement much faster, letting you focus on what truly matters—getting better.

The Four Elements Needed for a Negligence Per Se Claim

It’s not enough to just point at the other driver and say, “They broke a traffic law!” To use that violation to automatically prove they were at fault—a concept we call negligence per se—your attorney has to connect the dots in a very specific way. Think of it like building a case brick by brick. In Pennsylvania, there are four essential elements you must prove to link their illegal action directly to your injuries.

This step-by-step process is crucial because it gives judges and juries a clear, logical path from the broken rule to the harm you suffered. Let's walk through what those four elements look like.

Element 1: The Other Driver Violated a Safety Law

First things first, you have to prove the other driver actually broke a specific safety-related law. We’re not talking about a vague sense that they were driving recklessly; this needs to be a clear violation of a rule in the Pennsylvania Vehicle Code.

For example, imagine a driver makes an illegal U-turn on a busy Philadelphia street and smashes into your car. That action violates a specific traffic law designed to keep everyone safe. The police report or a traffic ticket issued at the scene is usually the slam-dunk evidence needed for this part.

Element 2: The Law Was Meant to Protect You

Next, we have to show that the law they broke was written to protect a particular group of people, and that you are part of that group. This is usually pretty straightforward in car accident cases.

Traffic laws, by their very nature, are created to protect other drivers, passengers, pedestrians, and cyclists on the road. Going back to our illegal U-turn example, the law against that maneuver is there specifically to protect other motorists who are following the rules. As another driver, you are exactly the person the law was intended to shield from that kind of dangerous behavior.

The flowchart below shows how a simple traffic violation can create a direct path to proving fault.

As you can see, when a safety law is broken, it can simplify the entire process of establishing who is responsible.

Element 3: Your Injury Was the Kind the Law Aims to Prevent

The third piece of the puzzle is connecting the type of harm you suffered to the law's original purpose. Your injuries must be the exact kind of thing the law was designed to stop from happening.

A rule against illegal U-turns exists to prevent collisions—especially T-bone crashes or head-on impacts. So, if you suffered whiplash, broken bones, or a concussion from that crash, your injuries are precisely the type of harm the law was created to avoid. This forges a powerful, logical link in your claim.

Element 4: The Violation Directly Caused Your Injuries

Finally, we have to prove causation. This is the final connection. The driver's violation of the traffic law must be the direct cause of the accident and your injuries. In legal terms, we often ask, "But for the defendant's action, would the injury have occurred?" If the answer is no, you’ve established causation. You can learn more about negligence in Pennsylvania personal injury cases in our other guide.

When a driver suddenly executes an illegal U-turn and you hit them, their violation is the undeniable cause. There wasn't some other intervening event that led to the crash; it happened because they broke the law.

By systematically proving these four elements, your attorney does something incredibly powerful. They transform a simple traffic law violation into a solid legal foundation for your claim. This framework takes the guesswork out of proving fault and provides a clear basis for holding the other driver accountable.

Common Traffic Violations That Establish Negligence Per Se

Some traffic infractions are more than just a simple mistake—they’re clear violations of safety laws designed to protect everyone. When a driver breaks one of these rules and causes a wreck, Pennsylvania law gives the injured person a powerful shortcut to proving fault.

Think of the Pennsylvania Vehicle Code as the official rulebook for the road. If a driver breaks a critical rule, like running a red light, the law can automatically hold them responsible for the harm that follows. Let's look at the most common violations that trigger this legal principle, known as negligence per se.

Speeding and Aggressive Driving

Speeding is probably the most common traffic violation we see tied to negligence per se claims. It's a conscious choice to ignore a law created specifically to give drivers enough time to react and avoid collisions. When a speeding driver can't stop in time, the consequences can be devastating.

In fact, a Pennsylvania State Police analysis revealed that speeding was the number one reason for traffic stops. Many of those drivers were clocked going more than 20 mph over the limit. Even more sobering, speed played a role in nearly 40% of all traffic fatalities in PA in recent years, making it a clear and direct cause of harm.

This category also covers actions like reckless or careless driving. It's helpful to understand the difference between careless and reckless driving, as each carries different legal weight and can impact your injury claim.

Ignoring Traffic Signals and Signs

Stop signs and traffic lights aren't suggestions. They are absolute commands meant to keep order at intersections, which are notorious hotbeds for serious accidents. Blowing through one isn't just a bad decision; it's a direct violation of a safety statute.

• Running a Red Light: A driver who barrels through a red light and T-bones another car has blatantly broken the law. This action is the exact type of danger that traffic signals are installed to prevent.
• Ignoring a Stop Sign: The same goes for failing to come to a complete stop at a stop sign. When a driver rolls through and hits a car that had the right-of-way, their fault is practically presumed under the law.

Often, the police report will explicitly note the violation, which becomes a crucial piece of evidence for your claim. If this happened to you, you should read also: Who Is at Fault in a Stop Sign Accident in Pennsylvania?

Driving Under the Influence (DUI)

It goes without saying that Pennsylvania's DUI laws are some of the most critical safety statutes we have. A person who chooses to drive while impaired by drugs or alcohol puts every single person on the road in grave danger.

When an intoxicated driver causes an accident, their violation of DUI laws is a slam-dunk example of negligence per se. The harm they caused is precisely what these laws were written to stop.

Example in Action: Picture a drunk driver crossing the center line and causing a head-on collision. A subsequent test shows their blood alcohol content (BAC) was well over the legal limit. Their violation of the DUI law automatically establishes that they breached their duty of care to others, making it much simpler to hold them liable for the victim’s medical bills, lost income, and pain.

How to Gather Evidence That Proves the Violation

Just saying the other driver broke a traffic law won’t cut it when you’re building a negligence per se case in Pennsylvania. You need solid, clear proof that links their violation directly to the crash and your injuries. In the moments and days after an accident, you have to think like a detective. The evidence you gather is the foundation of your entire claim.

Winning a claim based on a traffic violation takes a proactive approach. While your top priority is healing, collecting the right evidence can mean the difference between a long, drawn-out legal fight and getting the settlement you deserve. This process starts the second the accident happens and continues in the days that follow.

Evidence to Collect at the Accident Scene

The minutes right after a collision are chaotic, but they’re also the most important for gathering evidence. If you’re physically able, capturing the scene exactly as it is gives you a raw, unfiltered version of what happened.

• Photos and Videos: Your smartphone is your best tool here. Take wide shots of the whole area, making sure to include traffic signs, stoplights, and the road conditions. Then, get close-ups of the damage to all vehicles, any skid marks on the road, and any visible injuries you have.
• Witness Information: People standing nearby often see things you didn’t. Ask anyone who witnessed the crash for their name and phone number. A statement from an impartial third party can be incredibly persuasive.
• Police Interaction: When the police show up, stick to the facts of what happened. Get the officer’s name and badge number, and don't forget to ask how to get a copy of the official police report.

The official police report is one of the most powerful pieces of evidence you can have. It often includes the officer's professional assessment of how the crash happened and, crucially, might name the specific traffic law violation that the at-fault driver committed.

Essential Documents and Post-Accident Proof

Your job isn't done once you leave the scene. A few other key documents are crucial for building a strong argument that proves the other driver was at fault. It’s a good idea to learn more about how to document evidence after a car accident to make sure you don't miss anything.

Key Documents to Secure:

1. The Official Police Report: This should be your first priority. It contains diagrams, the officer’s notes, witness statements, and a record of any tickets issued. A citation for speeding or running a red light is direct proof of the violation.
2. The Traffic Ticket: If the other driver got a ticket, that citation is a cornerstone of your negligence per se claim. It shows that a law enforcement officer on the scene determined a law was broken.
3. Medical Records: Get checked out by a doctor right away, even if you feel fine. Your medical records create a time-stamped, official link between the crash and the harm you suffered.

Uncovering Digital and Physical Evidence

These days, crashes are frequently caught on camera. This digital proof offers an unbiased view of what happened, making it much harder for the other driver to argue about the facts.

• Dashcam Footage: If you or a witness had a dashcam running, that video could be the single most important piece of evidence in your case.
• Surveillance Video: Scan the area for nearby businesses, traffic cameras, or even homes with doorbell cameras that might have recorded the accident. An attorney can help you formally request this footage.

A good legal team knows how to take all these pieces—the police report, witness accounts, your photos, and any video footage—and weave them together into a convincing story. This thorough approach builds an airtight case that proves the traffic law violation and shows exactly how that illegal act caused your injuries, giving the insurance company very little room to argue.

How Negligence Per Se Can Maximize Your Compensation

When you can prove the other driver broke a traffic law, it does more than just win you a point in an argument—it can be the key to getting the financial recovery you rightfully deserve.

Using negligence per se in your personal injury claim completely changes the game. It gives you powerful leverage against insurance companies, whose main objective is almost always to pay out as little as possible.

Once fault is no longer a matter of he-said-she-said and is instead cemented by a clear-cut traffic violation, the insurer’s position weakens considerably. They know they’re facing a tough fight in court, which often makes them much more inclined to offer a fair settlement quickly. A solid case built on traffic law violations and negligence per se in PA cuts through their typical defense tactics and puts the focus where it belongs: on how much you are owed.

What Types of Damages Can You Claim?

A successful claim opens the door to compensation for every way the accident has turned your life upside down, both financially and personally. These damages generally fall into two categories.

• Economic Damages: Think of these as the tangible, out-of-pocket losses you can calculate. This bucket includes all your medical bills (past and future), lost wages from time off work, reduced earning capacity if your injuries have long-term career effects, and the cost to repair or replace your vehicle.

• Non-Economic Damages: These are the intangible losses that don’t come with a neat price tag but are just as real. This is compensation for your physical pain and suffering, emotional distress and anxiety, the loss of enjoyment in your daily life, and any permanent scarring or disfigurement.

When traffic law violations result in a crash, it's vital to understand your treatment options. Many people also find relief through specialized care, such as chiropractic care for auto accident patients.

Protecting Your Settlement from Comparative Negligence

Even when you have a rock-solid negligence per se case, you can bet the insurance company will pull out their favorite play: trying to shift some of the blame onto you.

Pennsylvania operates under a “modified comparative negligence” rule. In simple terms, this means that if you are found to be partially responsible for the accident, your final compensation is reduced by your percentage of fault. And if a jury decides you were 51% or more at fault, you walk away with nothing.

This is where negligence per se acts as your best defense.

Think about it this way: a driver flies through a clearly marked work zone and hits you. They were obviously negligent. But their insurance adjuster might claim you braked unexpectedly, trying to pin 10% of the fault on you. A strong negligence per se argument, however, makes it incredibly difficult for them to make that accusation stick, helping you protect the full value of your settlement.

Work zones are notoriously dangerous, and violations there carry serious weight. The state's Work Zone Speed Safety Camera Program issued over 212,000 violations in a single year, highlighting just how often drivers disregard these crucial safety rules. In 2023, these zones saw more than 1,200 crashes, resulting in hundreds of injuries and 22 tragic deaths. Proving the other driver was speeding in a work zone is a textbook example of negligence per se that gives your claim immense power. You can learn more about the impact of these violations in Pennsylvania work zones.

By proving the other driver’s actions were not just careless but illegal, you build the strongest possible foundation for your case. It’s the most effective way to maximize your recovery and shut down any attempts to unfairly shift the blame.

Why You Need an Attorney to Handle Your Claim

Even though negligence per se gives you a powerful head start, it doesn't turn your injury claim into a simple DIY project. Proving the other driver broke a traffic law is just the opening move in what can be a very complex legal chess match.

You have to remember that insurance companies are not your friends. Their entire business model is built on paying out as little as possible. To do this, they have teams of adjusters and defense lawyers whose only job is to poke holes in your case and protect the company’s profits.

Fighting Back Against Insurance Company Tactics

Even with a clear traffic ticket staring them in the face, the insurer will search for any angle to reduce or deny your claim. They'll argue the violation wasn't the real cause of the crash, or they'll aggressively try to pin a percentage of the blame back on you.

This is exactly why having a dedicated personal injury attorney is so critical. A good lawyer sees these tactics coming from a mile away and builds a case designed to dismantle them before they even get off the ground.

An experienced attorney understands that a traffic law violation isn't just a fact; it’s powerful leverage. They use that leverage to force the insurance company onto the defensive, pushing for a settlement that is fair and full, and sending a clear signal that you won't be bullied into accepting a lowball offer.

Preparing Every Case for Trial

The real secret to getting a great settlement? Preparing for a tough trial. At Mattiacci Law, we approach every single accident as if we might have to present it to a jury. This level of meticulous preparation puts you in the strongest possible negotiating position.

Our trial-ready strategy involves:

• Deep Investigation: We don't just stop at the police report. We dig for surveillance footage, track down and interview witnesses, and subpoena phone records to build an airtight case.
• Expert Collaboration: We bring in accident reconstruction specialists and medical experts who can provide compelling testimony on how the driver’s violation directly caused your specific injuries.
• Aggressive Negotiation: When we walk into negotiations armed with indisputable proof, we do it from a position of strength. We don't ask for fair compensation; we demand it.

This thorough preparation sends an unmistakable message to the insurance company: we are ready for a fight, and we have the evidence to win. More often than not, this convinces them to offer a fair settlement rather than risk a costly court battle they are likely to lose.

Don't let an insurance adjuster take advantage of you. Handling a claim involving traffic law violations and negligence per se in PA requires sharp legal skills and a genuine willingness to fight for your rights. With your financial stability on the line, having a strong advocate in your corner makes all the difference.

Your Questions About Negligence Per Se Answered

When you're dealing with the aftermath of a car accident, legal concepts like "negligence per se" can seem overwhelming. Let's break down some of the most common questions our clients have, putting the answers in plain English so you know where you stand.

What Happens if the Other Driver Beats Their Traffic Ticket?

This is a question we hear all the time, and it’s a great one. The good news is that a "not guilty" finding in traffic court doesn't torpedo your injury claim. Think of it this way: traffic court and civil court are two completely different ballgames with two different sets of rules.

To get a conviction in traffic court, the state has to prove the driver was guilty "beyond a reasonable doubt"—the highest standard in our legal system. For your personal injury case, our job is much more manageable. We only need to show fault by a "preponderance of the evidence," which simply means it’s more likely than not that they broke the safety law. It's a much lower bar to clear.

Even if the ticket gets dismissed, we have other powerful ways to prove the violation in your civil case:

• The official police report still contains the officer's own observations.
• We can use testimony from eyewitnesses who saw the crash unfold.
• An accident reconstruction expert can analyze the physics of the collision.
• Video evidence from dashcams or nearby security cameras can be incredibly persuasive.

So, while a traffic conviction is a fantastic piece of evidence, it's far from the only tool we have to establish negligence per se.

Can I Still Be Blamed if the Other Driver Clearly Broke a Law?

Yes, this is a real possibility, and it’s something insurance companies love to argue. Pennsylvania operates under a system called "modified comparative negligence," which means a jury can assign a percentage of fault to everyone involved.

Let’s say another driver blows through a stop sign and T-bones you—a classic example of negligence per se. But what if evidence shows you were going 10 mph over the speed limit? The other driver’s insurance company will jump on that, arguing that your speed made the crash worse.

A jury might decide the stop sign runner was 90% at fault, but that you were 10% at fault. If that happens, your final compensation would be reduced by your 10% share. The critical rule in Pennsylvania is that you can still recover damages as long as your share of the fault is 50% or less. A strong negligence per se claim against the other driver is your best defense against these tactics and helps keep your percentage of fault as low as possible.

Is Proving a Traffic Violation the Only Way to Win My Case?

Not at all, but it is certainly the most direct and powerful path. Using negligence per se is like having a legal shortcut to proving the other driver was careless.

Without a traffic violation, we can still win your case the "old-fashioned" way. This means proving the other driver failed to use the "reasonable care" that an ordinary, prudent person would have in the same situation.

For example: Imagine a driver causes a pile-up by driving the speed limit in a dense fog. They didn't break a specific speed law, but a reasonably careful person would have slowed down significantly due to the hazardous visibility. We could argue that their failure to adjust to conditions was negligent.

The challenge is that this kind of argument is more subjective and leaves a lot of room for the insurance company to fight back. Having a clear-cut traffic violation takes away that gray area, making your case much stronger from the very beginning.

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Trying to figure out the legal system after a car accident is tough, but you shouldn't have to handle it by yourself. The experienced attorneys at Mattiacci Law know how to build the strongest case possible. If another driver’s traffic violation left you injured, reach out for a free, no-pressure consultation to protect your rights. Visit us at https://jminjurylawyer.com to learn more.