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:.
1. res ipsa loquitur
2. a Good Samaritan statute
3. negligence per se.
4. the "danger invites rescue" doctrine

negligence per se                            

Explanation:

Negligence per se refers to the concept of US law that considers an act incompetent since it breaches a legislation. In essence, the principle is a kind of vicarious liability.

Throughout the regulation of neglect there has always been a change from absolute responsibility to a level of fair treatment It is valid not only for violation of customary law, as well as for violation of legal duty. The Sweet v Parsley criminal law case follows the pattern. Under this context, it may be criticised as running counter to the general trend of "negligence per se"

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