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What Is the Burden of Proof in a Car Accident Claim?

Our Atlantic City Car Accidents Lawyers at the D’Amato Law Firm Can Help

The “burden of proof” is associated with gathering and presenting evidence in car accident cases. In other words, the person filing the lawsuit in a car accident case must prove their allegations are true.

Proving negligence in a car accident case starts with the duty of care. A plaintiff must prove that the defendant owed them a duty of care. With automobile crashes, that duty is generally associated with following the law and safely operating the vehicle. Speeding, running red lights, and driving while intoxicated are examples of negligent driving that can breach the duty of care.

The burden of proof then focuses on how that breach of duty caused the car accident and injuries. There must be another link between the injuries and financial losses. Examples include emergency room statements, medical tests, and lost wages from being unable to work.

What Are the Best Sources of Evidence for the Burden of Proof?

The primary sources of evidence in car accident cases include:

  • Medical records: These are needed to prove that the plaintiff suffered injuries from the accident. Keep your diagnosis, medical tests, treatment plan, and all other records well organized.
  • Photographs: You should have photos of your injuries and the accident scene.
  • Financial losses: Plaintiffs must prove they experienced financial losses from the injury. This is where medical invoices, receipts, and evidence of lost wages come into the picture.
  • Witness testimony: You may provide testimony for your case; this evidence can also come from eyewitnesses who saw or heard the crash.

Car accident lawyers can pursue additional sources of evidence to strengthen a case. They often work with expert witnesses like physicians and professionals who specialize in recreating accident scenes.

Additionally, surveillance footage can be taken from nearby traffic cameras and dashcams; in some cases, cell phone records can prove that a driver was texting at the time of the accident. There are other ways to meet the burden of proof, which can be discussed during an initial consultation.

Our Atlantic City Car Accidents Lawyers at the D’Amato Law Firm Can Help

At the D’Amato Law Firm, our skilled Atlantic City car accident lawyers can research your crash from every angle when the burden of proof is paramount. For a free consultation, call 609-926-3300 or complete our online form. Located in Egg Harbor Township, New Jersey, we serve clients in South Jersey, including Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, and Woodbury.