Have you been injured in a car accident caused by someone else’s negligence? If so, you may be eligible to file a claim to receive compensation and hold the alleged at-fault party responsible for what happened. 

However, in order to successfully do that, you need to meet the requirements necessary to discharge the legal standard called the burden of proof. The burden of proof is a legal concept concerned with determining the quality and amount of evidence needed to establish a claim or defense.  

Meanwhile, if you’re unfamiliar with what is called a burden of proof, continue reading this article to learn how it can be applied to a car accident claim.  

What Is The Burden Of Proof? 

Legally speaking, the burden of proof refers to a person’s duty to present certain pieces of evidence to establish a claim. In a criminal case, the burden of proof needs to be beyond reasonable doubt. It means that the court must be absolutely certain that the defendant is guilty. 

On the other hand, in a civil case, like a car accident claim, the burden of proof required is the preponderance of evidence. This means that the evidence submitted by the plaintiff should prove that the defendant’s actions have most likely caused the accident or injury. 

In civil case trials, the burden of proof isn’t as heavy as it is in criminal cases. Moreover, it’s essential to know that the burden of proof may shift to the other party. For example, in a personal injury case, the injured victim who seeks to get compensated must prove by a preponderance of evidence that their injury was the result of the alleged at-fault party’s negligence. 

However, if they fail to present evidence to prove their claim, then the burden of proof isn’t met, which means the burden shifts to the opposing party. Hence, the latter now has the burden of proving that their actions didn’t cause the other party’s injury.  

With those things being said, there’s no question that dealing with the burden of proof doesn’t come easy. Therefore, it’s ideal to work with an experienced personal injury lawyer to handle the claim. 

A personal injury lawyer knows precisely what types and amounts of evidence are required to meet the burden of proof. Thus, if you need help choosing the right legal professional for your case, you can check out websites like https://smithlegalcenter.com/ for more information.  

How Does Burden Of Proof Apply To A Car Accident Claim? 

Now that you know what the burden of proof is, it’s time to learn how it can be applied to a car accident case. Generally, in a claim arising from a vehicular accident, the burden of proof is the preponderance of evidence required to prove that someone else’s negligence injured you. And as a consequence, you’re eligible to recover compensation. 

In addition, you must establish the essential elements of negligence in order to apply and discharge that burden on your car accident claim. Doing so allows you to come up with the necessary evidence to show that the other driver was negligent when the accident happened. The elements of negligence can include: 

• Duty Of Care

The alleged at-fault driver should have a duty of care toward the injured party. This means the duty of keeping their cars in good working condition and driving safely on the road.  

• Breach Of Duty

The alleged at-fault driver breached that duty of care by failing to exercise due care or committing certain negligent acts while driving on the road.  

• Causation

The injured party was injured because of the other party’s negligent or unsafe actions. It must also be shown that negligence was the proximate cause of the injury. This means that the car accident wouldn’t have happened if they hadn’t acted negligently.  

• Damages

The car accident and the injury resulted in economic and non-economic damage or losses. Depending on the extent and severity of the injury and other related factors, the injured party may recover damages for the medical bills, lost wages, pain and suffering, and other significant losses.  

With the information mentioned above, you need to prove the existence of the essential elements of negligence to discharge the burden of proof. Hence, if you’re the injured party, you must collect certain records and other documentation necessary to meet the preponderance of evidence required for your car accident case. 

Typically, the standard pieces of evidence you should preserve can include: 

• Medical records
• Police reports
• Photos of the injury and the accident scene 
• CCTV footage, if there’s any  
• Payroll or lost wages documents 
• Witness testimonies 
• Expert testimonies, if necessary.  

With the pieces of evidence mentioned earlier, you should hire an experienced attorney who will build your case to meet the burden of proof successfully. By doing so, you’ll be in a better position to win the claim and get the compensation you need.  

Conclusion 

Dealing with a car accident claim can be challenging, primarily if the burden of proving your claim rests upon you. But if you’re unfamiliar with how the concept called the burden of proof works, it’s best to keep the information mentioned above in mind. That way, you’ll know how to use it to your claim’s advantage to achieve a more favorable decision.