What is the Burden of Proof in an Auto Accident or Truck Collision Case in Georgia?

What is the Burden of Proof in an Auto Accident or Truck Collision Case in Georgia?

In a personal injury claim in Georgia, the injured party has to prove all of the elements of his claim by a “preponderance of the evidence.”  “Preponderance” simply means “the greater weight of evidence” and is commonly referred to as “more likely than not.”  Many times, injury lawyers illustrate a “preponderance” by using a set of scales to show that the injured party need only “tip the scales” in their favor to carry their burden of proof.

For an auto crash or truck collision case in Georgia, this means that the injured party must show that:
1)  the other driver was “more likely than not” at fault in causing the car wreck or auto collision; and
2)  the claimed injuries were “more likley than not” caused by the car wreck or auto collision.
NOTE:    The “preponderance of the evidence” burden of proof used in civil cases, like injury claims from auto or truck accidents, is much different than the “beyond a reasonable doubt” burden of proof used in criminal cases.  The “beyond a reasonable doubt” burden of proof requires a level of evidence that removes any and all reasonable doubt, and leaves the jury with “guilty” as the only reasonable conclusion. 
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