presumption of negligence การใช้

The best approach is a presumption of negligence on the cell-phone user.
Violation of the statute generally raises a rebuttable presumption of negligence.
Such statutes do so in part by designating ACDA violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence.
{{ Cquote | I think it would be wrong to lay down as a rule that in no case can a presumption of negligence arise from the fact of an accident.
In cases where these defenses are applied, negligence " per se " doctrine creates no more than a rebuttable presumption of negligence that shifts the burden of proof from the plaintiff to the defendant.