Injury Law

The Burden of Proof in Car Accidents


You have probably heard of the common phrase ‘guilty beyond any reasonable doubt’ in most movies and TV shows involving crime and investigations. This expression is more than just drama. It describes the burden of proof in all criminal cases. In-car accident cases, it’s usually referred to as ‘by a preponderance evidence.’

If the plaintiff isn’t able to prove that the accused is guilty beyond any reasonable doubt, the offender cannot be held liable for the accident and the related damages. The burden of proof in vehicle accident lawsuits is usually lower than that of criminal cases.

Generally, it is the plaintiff’s duty to prove by a preponderance of the evidence that, indeed, the offender’s negligence resulted in significant injuries. That means you must show that the accused was more likely than not liable for the car crash.

Tips for meeting the burden of proof

To successfully get compensated, you must meet the burden of proof. You must show that the accused owed you a duty of care, this duty was breached, and as a result, you suffered significant injuries. This is easier said than done. It’s best to hire a lawyer to handle this process for you.

A duty of care is simply a legal obligation to exercise a reasonable standard of care. Every driver owes the duty of care to all other road users, including other drivers, motorists, pedestrians, and more. That means it’s always important for every driver to act carefully when behind the wheel.

It is easy to establish a duty of care in a car accident lawsuit. However, it can be very challenging to show that the duty of care was breached. Violation of the duty of care simply means that the accused failed to act reasonably. This can mean many things. For instance, the accused was over speeding, ran a red light, or was driving under the influence of an intoxicating substance.

Also, you must prove that the primary cause of the car accident was the defendant’s violation of the duty of care. As a result, you suffered significant injuries. If you can prove these elements of negligence, you will have successfully met the burden of proof. But this process may be challenging more than you think. Therefore, hire a lawyer who can help ensure that you meet the burden of proof successfully.

Gather the right evidence

As with all other personal injury claims, figuring out who is to blame in a car accident is usually the matter of deciding who was negligent. Your common sense will tell you that the electric scooter, cyclist, or the other driver was responsible for the crash. The court or the insurance will only believe if you present sufficient evidence that the other party is to blame for the accident.

Sure, you can gather evidence such as photographs of the accident, get one or two witnesses, and your medical records. But you don’t have the law-related skills and know less about legal processes. This is where an experienced lawyer comes in. He or she can help gather the right pieces of evidence and build a strong case. For instance, the lawyer can obtain the police report about the car accident, analyze it, and advise you accordingly.

Most lawyers network with most experts such as accident scene reconstruction experts, medical experts, and more. That means attorneys can easily find an expert to testify. This is a huge plus to your case. Keep in mind that your lawyer will always have your best interests in mind.


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  1. Pingback: Texas Car Accidents: How Much is the Value of Pain and Suffering –

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