What Is 'Negligence Per Se' in a Texas Personal Injury Lawsuit?
Direct Answer Under Texas Law
'Negligence per se' is a Texas tort doctrine under which the unexcused violation of a specific legislative statute or municipal ordinance (such as running a steady red light under Transp. Code § 544.007(d), driving while intoxicated under Penal Code § 49.04, crossing a no-passing stripe under § 545.055, or violating pool-fence standards under Health & Safety Code Ch. 757) conclusively establishes breach of duty as a matter of law when the plaintiff belongs to the class of persons the statute was designed to protect (Perry v. S.N., 973 S.W.2d 301 (Tex. 1998)).
Critical Texas Procedural Trap to Watch Out For
Not every Texas traffic statute supports a Negligence Per Se jury instruction! Texas courts hold that statutes that merely restate the general reasonable-person standard (like 'failure to control speed' under § 545.351 or 'unsafe lane change' under § 545.060) are conditional and submitted under ordinary negligence rather than negligence per se.
Recommended Action Plan for Texas Claimants
Distinguish mandatory, unconditional statutory commands (steady red light, school bus stop arm § 545.066, DWI, FMCSR equipment rules) that qualify for PJC 5.1 Negligence Per Se instructions from conditional statutes.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Transp. Code Ch. 545 & Tex. Penal Code § 49.04; Texas Pattern Jury Charge PJC 5.1 and controlling Texas appellate precedent in Perry v. S.N., 973 S.W.2d 301 (Tex. 1998); Moughon v. Wolf, 576 S.W.2d 603 (Tex. 1978), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Transp. Code Ch. 545 & Tex. Penal Code § 49.04; Texas Pattern Jury Charge PJC 5.1 and how Texas courts apply Perry v. S.N., 973 S.W.2d 301 (Tex. 1998); Moughon v. Wolf, 576 S.W.2d 603 (Tex. 1978) in your county's appellate district.
- Beware of the Texas Procedural Trap: Not every Texas traffic statute supports a Negligence Per Se jury instruction! Texas courts hold that statutes that merely restate the general reasonable-person standard (like 'failure to control speed' under § 545.351 or 'unsafe lane change' under § 545.060) are conditional and submitted under ordinary negligence rather than negligence per se.
- Execute the Texas Action Plan: Distinguish mandatory, unconditional statutory commands (steady red light, school bus stop arm § 545.066, DWI, FMCSR equipment rules) that qualify for PJC 5.1 Negligence Per Se instructions from conditional statutes.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is 'Negligence Per Se' in a Texas Personal Injury Lawsuit?
'Negligence per se' is a Texas tort doctrine under which the unexcused violation of a specific legislative statute or municipal ordinance (such as running a steady red light under Transp. Code § 544.007(d), driving while intoxicated under Penal Code § 49.04, crossing a no-passing stripe under § 545.055, or violating pool-fence standards under Health & Safety Code Ch. 757) conclusively establishes breach of duty as a matter of law when the plaintiff belongs to the class of persons the statute was designed to protect (Perry v. S.N., 973 S.W.2d 301 (Tex. 1998)). Key Texas Trap to Avoid: Not every Texas traffic statute supports a Negligence Per Se jury instruction! Texas courts hold that statutes that merely restate the general reasonable-person standard (like 'failure to control speed' under § 545.351 or 'unsafe lane change' under § 545.060) are conditional and submitted under ordinary negligence rather than negligence per se.
What Texas statute and Supreme Court / appellate precedent control negligence per se in texas injury law?
This question is governed in Texas by Tex. Transp. Code Ch. 545 & Tex. Penal Code § 49.04; Texas Pattern Jury Charge PJC 5.1 and the legal standards articulated in Perry v. S.N., 973 S.W.2d 301 (Tex. 1998); Moughon v. Wolf, 576 S.W.2d 603 (Tex. 1978). Recommended step: Distinguish mandatory, unconditional statutory commands (steady red light, school bus stop arm § 545.066, DWI, FMCSR equipment rules) that qualify for PJC 5.1 Negligence Per Se instructions from conditional statutes.
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