Marietta Injury Lawyer Blog
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.
After that same drunk driving crash, you might also sue the driver in civil court. In this situation, you still shoulder the burden of proof – but it is lower compared to the criminal case. Specifically, you need to establish a “preponderance of evidence” in order to successfully prove that the drunk driver’s negligence caused your crash.
While the exact definition of “preponderance” may vary, the general understanding is simple: If you show a likelihood of guilt greater than 50%, the court will likely accept that the drunk driver caused your injuries.
Various forms of evidence may help you prove negligence in this scenario, including:
- Police testimony
- Bodycam footage
- Dashcam footage
- Traffic surveillance footage
- Eyewitness accounts
- Social medial posts
- Tire marks
- Toxicology reports
Remember, intoxicated driving is just one example of negligence. You need to prove distraction, fatigue, street racing, and other unlawful behavior instead. Depending on what you’re trying to prove, various forms of evidence may be necessary.
Car Accident Cases Are Often Settled Out of Court
You should know that most civil claims are settled out of court. This means that you may not need to go through a trial, and showing a preponderance of evidence could be completely unnecessary. Many auto accident claims are resolved during private negotiations with insurers. Lawyers negotiate with insurance adjusters, and both parties try to agree upon a suitable sum. This process is more informal compared to a personal injury trial.
That being said, evidence can still play a role in negotiations. If insurance companies see that you have overwhelming evidence of negligence, they may be more willing to offer you a lucrative settlement. Negotiations also have informal “discovery” processes, allowing both parties to gather important evidence before a trial.
Often, this discovery process helps plaintiffs uncover new evidence that they previously did not have access to. For example, an auto accident lawyer in Georgia might request dashcam footage from a trucking company. This footage could clearly show that the trucker ran a red light before the accident.