What is a “Preponderance of Evidence” in a Georgia Car Accident Lawsuit?

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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.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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