Understanding Proof of Burden and Its Importance in a Car Accident

Charlotte Miller

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Understanding Proof of Burden and Its Importance in a Car Accident

Regardless of your being completely careful while driving, you may come across a car accident and receive injuries and damages. If you were not at fault, you will be looking for compensation so that you can look after your medical expenses and car repairs with the help of a St. Louis car accident lawyer. It should also be noted that you would need to submit the proof that you were not at fault but another party was. Unless you do this, you will not be able to win the case.

Burden of proof

Proof of negligence is given to the defendant or accuser of the car accident. If you are blaming someone because of his negligence, you suffered injuries and car damages, you will have to submit proof such as CCTV footage, videos, or photos. The burden of proof is on you and it is your responsibility that you present them in front of the court. The case will not proceed further unless you do so. Moreover, there will not be any countercase on you if you can submit these proofs on a definite base. That’s why it is highly recommended to submit as many proofs as you can so that you can win the case and obtain the right amount.

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The four elements of the burden of proof

When submitting the proof of burden, you need to ensure that you meet the below mentioned four elements:

  • Duty of care- It is the duty of all drivers to drive carefully on the road as defined by the state laws. They need to ensure that all other drivers, pedestrians, and bikers are safe while they drive.
  • Breach of duty- Your proof must show that they have breached the duty due to which the accident has occurred. For instance, if the driver was intoxicated or sleeping at the time of driving, it can be a strong base for the breach of duty.
  • Proving the cause of the accident- It is quite challenging to prove what exactly caused the accident on the road. If more than two cars are involved, it is important to understand what the first cause of the accident was.
  • Explaining the damages- It is suggested to explain or outline what damages have been caused due to the car accident.

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While submitting the proof, you need all the supporting documents such as police reports, medical reports, insurance company statements, and others.