If you were involved in a car accident and are seeking damages from the at-fault driver, you must be able to prove that the other driver was negligent and that their negligence caused the accident. This is also known as the burden of proof. Even if it is evident that the other motorist was at fault, the burden of proof falls on you to prove that your allegations are true.
Depending on the circumstances of the accident, proving liability can be a complicated process, particularly if the other driver tries to deny liability or the insurance company makes a low settlement offer or tries to deny your claim. A dedicated car accident lawyer will assist you with the claims process, help you establish the burden of proof, and negotiate the best possible settlement outcome.
What Are the Elements of the Burden of Proof?
The burden of proof is a legal standard to be met when pursuing a personal injury claim after a car accident. You must present evidence that establishes the following element of the burden of proof:
- Duty of care: All motorists are responsible for following the rules of the road and prioritizing safety when operating a motor vehicle.
- Breach of duty: The other motorist breached the duty of care by speeding, driving while distracted, tailgating, drunk driving, or engaging in other dangerous or irresponsible behavior while operating a motor vehicle.
- Causation: The other motorist’s breach of duty was the direct cause of the car accident and the resulting injuries.
- Damages: Your injuries resulted in financial damages, including medical bills, lost wages, and pain and suffering.
What Evidence Do I Need to Establish the Burden of Proof?
In most civil lawsuits, the plaintiff must demonstrate that the defendant is more than 50 percent responsible for causing the accident and the resulting losses. This is known as a preponderance of evidence. The more evidence you can collect, the more likely you will establish the burden of proof and have a successful claim outcome.
The following are examples of evidence that can help prove your claim:
- Physical evidence: Photographs of the damage to your vehicle, your injuries, and skid marks debris on the road, as well as video surveillance footage can help demonstrate the cause of the accident and the severity of your injuries.
- Police report: This document includes essential information about the accident.
- Medical records: If you were injured in a car accident, make sure that you keep copies of all medical records, including hospital bills and testimony from an expert medical professional who can speak to the severity of your injuries and the costs associated with treating your injuries.
- Witness testimonies: If there were witnesses who saw the accident happen, ask if they would be willing to provide a statement about the events leading up to the accident.
- Documentation of financial losses: If you suffered financial losses as a result of mounting medical bills and lost wages, it is important that you keep detailed records of all expenses related to the accident, including documentation of lost wages and medical bills.
What Are the Challenges of Establishing the Burden of Proof?
There are several challenges you may face when establishing the burden of proof. An experienced car accident lawyer will protect your legal rights and help you overcome those challenges, including the following:
- Developing a strong case can be time-consuming. When medical bills start to accumulate, and your injuries prevent you from being able to return to work, you may be tempted to accept whatever settlement offer the insurance company presents. However, this rarely covers the total costs associated with your injuries. Collecting evidence, including witness testimonies, statements from medical experts, and police reports, can take time.
- Presenting evidence in a convincing manner. An experienced car accident lawyer can ensure that you have the evidence necessary to establish the burden of proof, including witness statements, photographs, and witness testimonies, and present it in a convincing manner.
- Establishing negligence. This is one of the key elements of establishing the burden of proof. There must be sufficient evidence to demonstrate that negligence was a factor. Your lawyer can obtain copies of surveillance footage or traffic cameras.
Cincinnati Car Accident Lawyers at Wolterman Law Office Help Clients Establish Burden of Proof
If you were involved in a car accident, our Cincinnati car accident lawyers at Wolterman Law Office can protect your legal rights and assist you with establishing the burden of proof. To schedule a free consultation, call us today at 513-488-1135 or contact us online. Located in Loveland, Ohio, we serve clients in Hamilton County, Fairfield, Norwood, and Forest Park.