The Burden of Proof in a Car Accident Case
Burden of proof is a very important principle in a legal case. It involves the process of proving the accusations you are making against the defendant to be true. There are also different standards of proof, depending on the type of case. A type of civil lawsuit, a car accident claim requires the claimant to provide evidence the defendant is liable for the damages sustained in the accident.
Establishing car accident proof can take time, further extending your need for financial assistance. Legal Funding in Los Angeles is available for this purpose, but first, here is what you need to establish as part of your own burden of proof:
- A duty of care was owed to you by the defendant.
- The defendant violated this duty of care.
- Their negligence directly caused your injuries.
- You can prove you are injured.
What Is Duty of Care?
There’s quite a bit of legal language about duty of care. Even if you were injured in the accident, you need to prove the defendant had a reason to exercise care in regard to your safety. Legally, all drivers must exercise caution and safety at all times. Operating a vehicle unsafely is a major risk to others. When car accident lawyers talk about duty of care, they often discuss behaviors that may be reasonable or unreasonable given a certain situation, to determine if the defendant was at-fault for a crash that hurt you.
Other factors considered with burden of proof include:
- Violation of duty: If it’s established the defendant had a duty of care, the legal process goes to the next step—proving the duty was breached. Evidence the driver did not exercise reasonable care include distracted driving, texting while operating a vehicle, reckless driving, and speeding. These facts, combined with witness accounts, can prove the defendant was negligent.
- Causation: Did the defendant’s negligence cause the accident and your injuries? You can argue if it weren’t for their poor conduct, you would not be hurt. That can be easy if you broke a bone after being run over. However, if you had previous back problems and complain of back pain after a car accident, proving the defendant is responsible for that can be challenging.
- Injury/damages: Proving the accident caused your injury is one thing. Then you must prove the true nature and extent of your injuries through medical records, medical witness testimony, and pictures. The proof you have may directly impact the compensation you are awarded, or lack thereof. Always hold on to hospital records and documents showing all related medical expenses.
Call Us for Legal Funding in Los Angeles
Filing a lawsuit is often a complex and costly process. We understand how hard it can be for clients who are dealing with the financial strain of medical bills, and struggling to keep up with daily expenses and obligations, all the while dealing with injuries and being out of work. Apply for legal funding today, or learn more about our advance programs, like our settlement acceleration program or cash advance refinancing options, on our website. For assistance, feel free to call our firm at 310-424-5176.