A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn’s car, injuring her. Jocelyn’s best theory for recovery against Hale and Interstate Trucking is:

NEGLIGENCE PER SE.

Explanation:

Negligence per se defines an act as negligent when it violates a law that has been designed to protect the public.

It is a personal injury law, and it is either the law was violated or not.

In a car accident case, negligence per se would involve offenses such as driving under the influence, reckless driving, running a traffic light or stop sign, or speeding. In Jocelyn's case, it was a reckless driving because the driver was driving and talking on his cell phone at the same time which resulted in an accident.

Therefore, the Jocelyn's best theory for recovery against Hale and interstate trucking is NEGLIGENCE PER SE.

Negligence per se

Explanation:

Negligence per se is a legal doctrine that helps to prove that an imdividual acted negligently. A personis negligent if they violate a public safety statute; There aris a member of the class that the statute intended to protect;

The recipient's injury is one that the statute was designed to prevent; and the persons violation of the statute caused therecipient injury.

A good examples of negligence per se in is driving under the influence of alcohol or likr George, driving and talking on his cell phone thereby colliding with the recipient's car, Jocelyn causing her injury

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