{"id":5286,"date":"2021-03-02T17:10:58","date_gmt":"2021-03-02T17:10:58","guid":{"rendered":"https:\/\/www.mullenandmullen.com\/3-examples-of-gross-negligence\/"},"modified":"2023-10-03T13:14:31","modified_gmt":"2023-10-03T13:14:31","slug":"3-examples-of-gross-negligence","status":"publish","type":"post","link":"https:\/\/www.mullenandmullen.com\/personal-injury-lawyer\/articles\/3-examples-of-gross-negligence\/","title":{"rendered":"3 Examples of gross negligence in auto accident cases"},"content":{"rendered":"
What is gross negligence? If you can prove it, you can likely recover more compensation for your injuries.<\/strong><\/span><\/p>\n You can usually get more compensation from your car accident claim if you can show the at-fault driver acted with \u201cgross negligence.\u201d<\/p>\n You may even be able to collect punitive damages<\/a>, which courts award to punish a particularly willful offender in hopes of convincing them to never engage in similar conduct again.<\/p>\n Texas law defines a grossly negligent act<\/a> as one:<\/p>\n The difference between ordinary negligence and gross negligence lies in intent. Ordinary negligence involves carelessness or lack of awareness. Gross negligence involves awareness and willful misconduct.<\/p>\n Now that you understand the legal definition of gross negligence, take a look at some examples:<\/p>\n You\u2019ve seen them before: cars that look like wrecks which shouldn\u2019t be driven at all.<\/p>\n If the driver knows of a serious problem with their car, such as the brakes not working, and they cause an accident, they may be grossly negligent in their behavior.<\/p>\n Drunk driving is actually a little bit of a gray area. It\u2019s certainly negligent. But it may or may not be grossly negligent.<\/p>\n In Texas, driving with a BAC of .08 or higher is considered drunk driving.<\/p>\n Now if the driver blows a .10, you may have a difficult time showing gross negligence. That takes maybe a few drinks. And it honestly may be hard for them, or anyone else, to tell that they are legally drunk.<\/p>\n However, if the driver was blackout drunk<\/a> and had a BAC of .20 or higher, then you have an excellent chance of showing gross negligence.<\/p>\n This driver in Milwaukee, Wisconsin had a buddy who climbed out of the car (while driving) and did pushups on the roof of the vehicle<\/a>.<\/p>\n Now I\u2019m not sure they ever caught the guy. And they did not cause an accident.<\/p>\n But if they did, you\u2019d have a great chance of showing they were \u201cgrossly negligent.\u201d<\/p>\n If the driver and his buddy were high, you\u2019d have an almost guaranteed chance of proving gross negligence.<\/p>\n Gross negligence depends on the actions of the at-fault driver. And you can get awarded additional compensation if the other driver was in fact grossly negligent.<\/p>\n Sometimes, gross negligence can be hard to prove. And that\u2019s why it makes sense to hire the best personal injury lawyer you can find.<\/p>\n Suggested Reading<\/strong><\/span><\/p>\n Top rated Dallas drunk driving accident injury lawyers<\/a><\/p>\n Settlements achieved by Mullen & Mullen Law Firm<\/a><\/p>\n What role does negligence play in premises liability cases?<\/a><\/p>\n\n
Knowingly Driving a Car in Need of Serious Repair<\/h2>\n
Drunk Driving<\/strong><\/h2>\n
Other Generally Reckless Behavior That Puts People at Risk<\/h2>\n