Meeting the Burden of Proof in a Car Accident Claim

When you bring forward a case in court you must have all the proof against the allegations made on the accused party. Each car accident case varies with the intensity of damage and hence requires a different set of evidence.

Some cases do not require much proof, for instance, a criminal case might be resolved without much investigation if there’s no other justification than the crime being committed by the criminal.

However, car accident cases do require you meet the burden of proof to ensure that the guilty party is liable to pay the victim’s personal injury or damage settlements. To make sure you’re prepared for any situation, here’s a guide that includes all the elements that you must meet to file a car accident claim.

The At-Fault Driver Owes You Duty of Care

If you’re a victim and have undergone a personal injury due to a driver’s negligence, then they owe you a duty of care. Duty of care means that the driver is responsible for any personal injury if they’re driving incautiously.

A car crushed

If the driver doesn’t exercise safety precautions while driving then it’ll cost them. However, the police does investigate whether the action was reasonable or not.

Prove the Breach of Duty

After the accused driver is held responsible for the duty of care, the victim must now present all the evidence and insights to prove that the duty was breached when the accident took place.

Besides taking pictures of the incident, the best way to prove the carelessness of the faulty driver is to bring witnesses (if any) to testify. This will not only strengthen your case, but it won’t allow the individual to lie either.


You must be able to defend your case by ensuring that the negligence of the driver is the sole reason for the car accident, and there are no two ways about it.

At times, the accused drivers blame other factors to avoid liability. For instance, if the victim was already suffering from a neck injury and the accident intensifies the pain, then you won’t be able to justify clearly if the pain is due to the accident or the pre-existing injury.

If you require a professional car accident attorney for legal help to strengthen your case, contact us now. Our team of experienced lawyers makes sure to help you out with any personal injury and damage settlement case.


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