In the case of Martin v. Herzog (228 N.Y. 164, 126 N.E. 814 (1920)), Herzog was driving at night and ran into Martin, who was killed. Martin was driving without lights on. The Appellate Court found that the unexcused omission of the statutory signals is more than just some evidence of negligence, it is negligence itself. In Justice Cardozo's opinion, violating a State Statute (it was against the law to drive without lights), pretty much makes you automatically guilty of contributory negligence.

• Restatement of Torts says that, "violation of Statutes is, subject to some qualifications, 'negligence per se'."