evidence

What is a “Preponderance of Evidence” in a Georgia Car Accident Lawsuit?

October 11, 2024 | Benjamin S. Persons, IV

Whenever you accuse someone else of wrongdoing in the United States, you generally shoulder the “burden of proof” – and this applies to car accidents. It is your responsibility to prove that a negligent driver caused your crash. In contrast, the accused driver is under no obligation to prove their innocence. This is an important concept to understand when pursuing a car accident lawsuit in Georgia.

How Much Evidence is a “Preponderance?”

First, it is important to distinguish between criminal charges and civil lawsuits. Both may stem from car accidents, but each court is associated with a different burden of proof. For example, you may have been struck by a drunk driver in Georgia. In criminal court, prosecutors must prove “beyond reasonable doubt” that they were intoxicated while operating their vehicle. This is a relatively high burden of proof, and it means that the defendant can walk free even if there is a slight doubt about their guilt.

Commercial Trucking Accident Leads to Mystery of Missing Maintenance Logs

August 6, 2019 | Benjamin S. Persons, IV

When an accident involves a commercial truck, there are usually records available with respect to the vehicle’s safety and maintenance. Such records can be made available to an injured victim during the discovery process of a personal injury lawsuit. If those records are improperly withheld–or even destroyed before they can be disclosed–a trial judge has the authority to impose sanctions on the offending party.

Allen v. Sanchez

It is important to note, however, that a judge will only impose sanctions for “spoliation” of evidence when certain standards are met. An ongoing federal personal injury lawsuit, Allen v. Sanchez, helps illustrate how courts deal with these situations.

Georgia Judge Sanctions Defendant for Losing Evidence in Truck Accident Case

May 6, 2016 | Benjamin S. Persons, IV

In any type of personal injury lawsuit, it is important for the parties to the case to preserve all evidence that may assist the court in determining the facts. Under no circumstances should a party ever intentionally withhold or destroy evidence. Even in cases where evidence may have been lost by accident, a judge may still interpret that as an intentional act and impose sanctions against the offending party.

O’Berry v. Turner

For example, a federal judge in Valdosta, Georgia, recently imposed sanctions against a pair of corporate defendants in an ongoing truck accident lawsuit. The underlying case involves a June 2013 incident. A man was driving his car when a tractor trailer allegedly swerved into his lane. The impact sent the car off the road and into a light pole. The driver and his passenger were injured and subsequently sued multiple parties, including the driver and owners of the tractor trailer.