Alleging Gross Negligence – Car Accidents
Personal Injury Lawyers » Alleging Gross Negligence – Car Accidents
Gross Negligence Theories of Liability in Car Accident Cases
When an accident is caused by certain types of extreme recklessness our attorneys are able to argue that the defendants were grossly negligent. Texas courts have longed held that grossly negligent defendants can pay punitive damages. This article will discuss common types of gross negligence in car accident cases.
As long as there have been cars there are people who have been interested in comparing their car to the next guy. We can all agree that racing can be fun, exciting and it can create an adrenalin rush, but we all can agree that responsible adults who are racing their cars is dangerous on the highways. Despite this understanding, many residents do engage in street racing and our firm has represented numerous clients who have been injured or killed when unknowingly finding their vehicle in the path of these reckless drivers. If we can illustrate that your injuries was caused by someone engaging in a race against another vehicle or a race against speed, then we may be able to illustrate that the driver was acting grossly negligent.
We all understand while driving while intoxicated is incredibly dangerous but it is a common practice in the area. Our attorneys have successfully argued for punitive damages and literally dozens of alcohol-related accidents. In addition to pursuing punitive damages, the applicable liability policies such as dram shop or liquor liability claims are also usually derived from these claims as well.
Texting and Driving
Texting and driving have become a new and common danger in the area. Many of the residents between school-age and adult have cell phones. Because of the increase in cell phones, many people tend to text while driving. This is a very dangerous distraction because texting requires you to use your hands and your sight. So sending a text or reading a text causes you to take your eyes off the road for seconds. Within these few seconds, an accident can occur.
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These are circumstantial gross negligence but any scenario where anyone is acting negligently under the right conditions is considered grossly negligent. It can be grossly negligent to buy an inexperienced teenage driver a high powered sports car, a senior citizen driving under the speed limit on a busy highway, or having too many people in the car.
The tricky part with gross negligence claims is liability insurance does in fact cover even extreme examples of negligence however, it does not cover criminal acts. As such, there is a fine line illustrating gross negligence by a defendant and illustrating to the insurance company the criminal acts to nullify the policy. This suitable distinction can spell the device for your case, such claims involve the experience of our attorneys.
Our law office will fight for your rights. Call our office to learn more about your potential claim and the compensation that you could be awarded. to receive a free consultation.