Understanding The Burden Of Proof In Car Accident Cases

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The term “by a preponderance  of the evidence” is a legal term that requires a jury to believe your side of the case based on the evidence.  This does not mean that they must believe it 100% however.  “Preponderance of the evidence” means the greater weight and degree of credible evidence.  What exactly does that mean?  In ordinary civil cases the party with the burden of proof must establish its case by a preponderance of the evidence. State v. Turner, 556 S.W.2d 563, 565 (Tex.1977), cert. denied, 435 U.S. 929, 98 S.Ct. 1499, 55 L.Ed.2d 525 (1978). Preponderance of the evidence means the greater weight and degree of credible evidence. See Davenport v. Cabell’s, Inc., 239 S.W.2d 833, 835 (Tex.Civ.App.–Texarkana 1951, no writ).  So again, all the evidence must be reviewed and established as credible.  The credibility of the evidence must bear a greater weight than any evidence opposing it.  If it is more credible than any opposing evidence, then that element of the case is established as proven.

Car Accident Attorney Dallas

Liability Burden Of Proof In Car Accident Cases

Based on a preponderance of the evidence, the jury must decide if the defendant proximately caused the plaintiff’s injury.  For example, if a person was not paying attention on the roadway and runs into the back of your car, it can be reasonably established by a preponderance of the evidence that they should have been paying attention.  It can also be reasonably established that the lack of focus caused the accident.  And that the lack of focus was the proximate cause of the accident.