Texas Legal Glossary · Personal Injury

Gross Negligence

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Gross negligence under Texas law is conduct that, viewed objectively, involves an extreme degree of risk, where the actor had actual awareness of that risk but proceeded with conscious indifference to the safety of others. It unlocks exemplary damages.

Also called: reckless disregard, conscious indifference

What gross negligence means in Texas

Gross negligence is far more than ordinary carelessness. Section 41.001(11) of the Civil Practice and Remedies Code defines it with two parts. First, an objective test: when viewed from the actor’s standpoint at the time, the conduct involved an extreme degree of risk, considering the probability and magnitude of potential harm. Second, a subjective test: the actor had actual, subjective awareness of the risk but proceeded anyway with conscious indifference to the rights, safety, or welfare of others.

Both parts must be proved. A driver who did not know the brakes were failing is negligent at most. A trucking company that received three inspection reports flagging the brakes and kept the rig on the road is a candidate for gross negligence.

How it works in practice

Gross negligence is the gateway to exemplary damages, which punish rather than compensate. Under CPRC § 41.003, a plaintiff must prove it by clear and convincing evidence, a higher standard than the preponderance used for the rest of the case. The jury must be unanimous on both liability for and the amount of exemplary damages.

In a death case, Article XVI, Section 26 of the Texas Constitution independently guarantees exemplary damages to the surviving spouse and heirs when a death is caused by gross neglect. Drunk driving, falsified driver logs, ignored safety recalls, and knowingly hiring a driver with a suspended license are the kinds of facts that typically support the claim.

Why it matters in your case

Pleading gross negligence changes the discovery you can obtain. Safety audits, prior incidents, internal emails, and the defendant’s net worth all become relevant. Insurers also treat these cases differently because exemplary damages are often excluded from coverage, leaving the defendant personally exposed. We evaluate every commercial vehicle case for gross negligence facts before the first demand goes out.

Example

A dispatcher at a regional freight company texts driver Luis to keep going after Luis reports he has been awake for 22 hours. Luis falls asleep near Buda and crosses the median into oncoming traffic. The dispatcher knew the risk of a fatigued driver and consciously disregarded it. The surviving family can pursue gross negligence against the company in addition to ordinary negligence against Luis.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.