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Understanding the role that gross negligence can play in a car accident case is crucial for determining liability, damages, and legal consequences for the parties involved. If you have questions or concerns about gross negligence in your case, reach out to a knowledgeable New Jersey car accident lawyer at Berliner, Cohen, Accardi & Grossman, LLC to set up your free consultation today.
Standard negligence is a failure to exercise reasonable care or caution. However, gross negligence is much more serious and involves severe recklessness. Gross negligence indicates a willful disregard for the safety of others.
New Jersey law outlines the definition of gross negligence as “Gross negligence is an act or omission, which is more than ordinary negligence, but less than willful or intentional misconduct. Gross negligence refers to a person’s conduct where an act or failure to act creates an unreasonable risk of harm to another because of the person’s failure to exercise slight care or diligence.”
In Steinberg v. Sahara Sam’s Oasis, LLC, the court stated that negligence, gross negligence, recklessness, and willful conduct all fall on a spectrum, and the difference between negligence and gross negligence is only a matter of degree.
The law assumes that all individuals and entities owe others a standard of care to exercise reasonable caution and avoid causing foreseeable harm to others. When an individual slips up and fails to employ caution, they may be found negligent. However, if their behavior constitutes a significant disregard for the safety of others to the point that it is veering on malicious intent, it can be considered grossly negligent.
Gross negligence plays a significant role in car accident cases. If gross negligence is adequately demonstrated, it will likely lead to increased compensation for the victim. The defendant will be required to cover compensatory damages, which generally include medical expenses, lost wages, pain and suffering, property damage, and more.
On top of these damages, cases involving gross negligence and extreme recklessness often result in punitive damages as well. Punitive damages are noneconomic and are intended primarily to further penalize the defendant for their behavior. The extra compensation aims to deter the defendant from participating in similar actions in the future.
Gross negligence has a higher standard of proof than ordinary negligence. Plaintiffs must be able to demonstrate not only that the defendant failed to act reasonably but also that they acted with extreme disregard for the safety of others. This requires substantial evidence, including eyewitness statements, surveillance footage, expert testimony, police reports, and more.
It is also important to note that gross negligence can remove limits on liability. Many jurisdictions impose maximum caps on damages awarded in personal injury cases. However, in New Jersey, if the defendant is found grossly negligent, the limit can be waived.
Work with a skilled personal injury attorney for more information and legal advice today.
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