Car accidents can happen for a number of reasons, ranging from simple mistakes to extreme and reckless behavior. When a driver’s actions go beyond ordinary carelessness, the law may consider it to be gross negligence. Gross negligence can significantly impact the outcome of a car accident case. For more information and to secure the help of an experienced legal professional, read on and contact a knowledgeable San Mateo County, California motor vehicle accident lawyer today.
What is Gross Negligence?
Negligence is the failure to act with a standard of care that a reasonable person would in a similar situation. Gross negligence, on the other hand, is an extreme version of this behavior. It is the lack of any care and behavior that shows a conscious indifference to the safety or lives of others, whether through action or inaction.
Gross negligence is mainly defined through case law in California. It can be described as the failure to exercise any care or an extreme departure from what a reasonable person would do to prevent harm.
When it comes to driving, examples of gross negligence can include:
- Driving with an extremely high BAC
- Excessive speeding in dangerous conditions
- Texting while driving in a school zone
- Reckless stunts
- Street racing
- Driving with known mechanical defects
Any behavior that can cause foreseeable harm and goes beyond simple carelessness can be considered gross negligence.
How Does Gross Negligence Impact a Car Accident Case?
Car accident cases involving gross negligence will differ from standard cases. It increases the at-fault driver’s legal responsibility. They may be held to a higher level of liability than in a standard negligence case. California uses pure comparative negligence, meaning that each party can be assigned a percentage of fault in an accident. If the at-fault driver acted with gross negligence, the court or insurance provider may assign them a significantly higher percentage of the blame. Even if the victim shares some liability, their compensation is less likely to be reduced by large amounts.
Gross negligence can also lead to punitive damages. Punitive damages can include additional fines and penalties designed to penalize the at-fault individual. These damages are not awarded in normal car accident cases as they go beyond compensatory damages that are awarded to reimburse a victim for expenses and losses related to the collision. However, when someone acts with such disregard for human life and safety, punitive damages can be awarded to punish them and deter similar behavior in the future.
Importantly, grossly negligent behavior can result in criminal charges, such as driving under the influence, reckless driving, vehicular manslaughter, and more.
Understanding this legal concept and the impact it can have on your car accident case is crucial after being involved in a collision. Reach out to a knowledgeable attorney today for more information.