Car Accident Claims: Who Has the Burden of Proof?

When a lawsuit is filed, certain elements must be proven in order for the jury and the judge to make a decision as to who wins the case. Depending on the specific facts of the case, one party has the “burden of proof,” which is the duty to prove that his or her version of the facts is true.

The burden of proof is different for each type of personal injury case. This article focuses on the burden of proof in the context of car accident cases.

Determining Who Has the Burden of Proof

In order to discuss who has the burden of proof in a car accident case, picture the following example: Driver A is driving at the posted speed limit in an intersection with a green light. Before making it completely through the intersection, Driver A’s car is struck on its right side by Driver B, who ran a red light. Driver A is seriously injured and her car is totaled. She brings a lawsuit against Driver B for monetary compensation.

In this fact pattern, Driver A has the burden of proof because she has initiated the lawsuit against Driver B. In other words, Driver A must prove that Driver B was at fault for the car accident and caused Driver A to sustain both property damage and personal injuries.

Accidents Involving Multiple Drivers

In some car accidents, there are multiple drivers who may bear some degree of legal fault. In such cases, the driver who files a lawsuit against any other driver has the burden to prove who was at fault for the particular car accident and the specific damages that resulted from the accident.

In multiple car accidents, it is even more important for you to hire an experienced Los Angeles car accident attorney to prove who was at fault for the accident that caused your injuries.

Call Us Today!

For more information or to schedule a complimentary consultation with an experienced Los Angeles car accident attorney, please call the Law Offices of Samer Habbas at 1-888-848-5048.