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Gross Negligence and Exemplary Damages Semi Truck Accident Texas Exemplary damages, sometimes called punitive damages, are meant to punish especially reckless conduct rather than to compensate for losses. In Texas they're available only when a defendant acted with gross negligence, fraud or malice, and they must be proven by clear and convincing evidence. In trucking cases, gross negligence might include a company knowingly letting a driver with a record of violations stay on