If you were seriously injured because someone actively disregarded your well-being, your personal injury claim may be eligible for a different kind of compensation if the wrongdoer demonstrated gross negligence. Under Texas law, gross negligence means that a person created an extreme risk of harm, knew of that risk, and went ahead with conscious indifference to the safety of others. If someone else’s gross negligence caused your injury, a Houston accident attorney could seek exemplary damages. This is an additional award meant to punish the conduct if the evidence meets the higher legal standard.
As a trusted Houston personal injury attorney, Ryan Nguyen fights to pursue every dollar of compensation the evidence supports. He doesn’t believe in leaving money on the table when his clients deserve more. His fighting spirit earned him his nickname: The Falcon.
What Is Gross Negligence in Texas?
Gross negligence is about more than making a mistake or failing to be careful. In Texas, two things must be true about an accident to meet the gross negligence threshold:
- What the person did, or failed to do, created an extreme degree of risk of serious injury, and
- The person actually knew about that risk but went ahead anyway, showing little concern for others’ safety.
The question is how dangerous the conduct was at the time, not simply how severe the injury turned out to be. Texas courts consider the likelihood of harm and the seriousness of that harm.
Here are some examples of potential situations that may show gross negligence:
- Dangerous property: A property manager receives an inspection report warning that a balcony railing could give way, but keeps the balcony open to tenants without repairing or closing it.
- Driving while impaired: A driver knows they are too impaired to drive safely but gets behind the wheel and drives through a crowded area.
- Known brake failure: A truck driver learns during a pre-trip inspection that the brakes may not be able to stop the loaded truck, but drives it onto a busy highway without seeking repairs.
Keep in mind, these are only hypothetical situations. Whether gross negligence is present depends on a closer look at your injury claim.
What Are Exemplary Damages?
In personal injury cases, victims may receive compensatory damages for their losses. However, when they’re victims of gross negligence, they may also receive exemplary damages. These damages are intended to punish misconduct rather than compensate for a loss. Gross negligence is one possible basis for exemplary damages. Under Texas law, exemplary damages are generally capped at the greater of:
- $200,000, or
- Twice the economic damages, plus the non-economic damages found by the jury, up to $750,000 for that part of the calculation.
Keep in mind that this formula is a limit, not an automatic award. Moreover, the cap does not apply when the claim is based on conduct that meets the requirements of certain felonies specifically listed in Texas law, including intoxication manslaughter.
Texas law also requires clear and convincing evidence of gross negligence for a claim to be eligible for exemplary damages. This means a Houston accident attorney must provide proof strong enough to leave the jury firmly convinced that gross negligence occurred. It is a higher standard than simply showing that gross negligence was more likely than not.
How a Houston Accident Attorney Proves Gross Negligence
How does an attorney establish gross negligence? As a seasoned Houston accident attorney, Ryan Nguyen starts by identifying evidence predating the injury. This can include warnings of a serious danger, inspection records, and witness testimony.
Ryan will connect that evidence to the defendant’s response and to the harm that occurred. For example, a maintenance report may show that a trucking company received a warning about a serious brake problem. Dispatch messages could then show whether the company knew the truck was still unsafe but sent it onto the road anyway.
Ryan will use the evidence to explain how serious the risk was and whether the defendant’s decision contributed to the accident. If the evidence meets Texas’s clear-and-convincing standard, he can seek exemplary damages in addition to compensation for the injury.
Speak to a Houston Accident Attorney for a Free Consult
When someone knows their actions could put others in serious danger and chooses to ignore that risk, the evidence could support a claim for gross negligence. This may mean you are eligible for exemplary damages. A Houston accident attorney, like Ryan Nguyen, can determine whether your case meets Texas’s higher standard for gross negligence. If it does, The Falcon is ready to fight for every dollar the law allows you to pursue.
Book a free consultation with The Falcon today.
