What Is the Burden of Proof?
The burden of proof decides who must prove a fact and how convincingly. In a personal injury case, you, as the plaintiff, carry it. If the evidence is evenly balanced on an element, you lose on that element.
Standards of Proof in Texas
- Preponderance of the evidence: more likely than not. It applies to most issues in an injury case.
- Clear and convincing evidence: a firm belief or conviction that the fact is true. It applies to exemplary damages based on fraud, malice, or gross negligence (§41.003).
- Beyond a reasonable doubt: used only in criminal cases.
What You Must Prove
For a negligence claim, you must prove each element:
- The defendant owed you a duty of care.
- The defendant breached that duty.
- The breach was a proximate cause of your injury.
- You suffered damages, and how much.
The defendant carries the burden on defenses it raises, such as your comparative fault or a claim that you failed to mitigate damages.
How to Meet the Burden of Proof
Evidence that often carries the burden includes:
- Crash reports, photos, and video
- Witness statements
- Medical records, bills, and doctors’ opinions
- Pay records showing lost income
- Expert witness testimony on fault, injuries, or future costs
In rare cases, res ipsa loquitur lets a jury infer negligence from the accident itself.
Most Texas injury lawsuits must be filed within two years. A free case review can help you see what evidence your claim needs.
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Frequently Asked Questions
What does preponderance of the evidence mean?
It means the evidence shows your version of a fact is more likely true than not. Picture a scale. If your evidence tips it even slightly in your favor, you meet the standard. This is the standard for negligence, causation, and most damages in a Texas injury case.
Who has the burden of proof in a car accident claim?
The injured person bringing the claim has it. You must prove the other driver was negligent and that this caused your injuries and losses. If the defendant raises your own fault as a defense, the defendant must prove it, also by a preponderance of the evidence.
Can a driver be found not guilty in criminal court but liable in a civil case?
Yes. Criminal cases require proof beyond a reasonable doubt, the highest standard. A civil injury claim uses the lower preponderance standard. So a driver can avoid a criminal conviction and still be found responsible for your damages in a separate civil case.