Understanding Burdens of Proof to Prove Your Trucking Trucking Accident Case in Oregon
As sensationalized in TV shows, movies, in the news, books, and other popular culture, the infamous standard of “beyond a reasonable doubt” sticks in the minds of most people. This is particularly true after the highly publicized trials of Casey Anthony, Jodi Arias, and George Zimmerman. Thus, when someone is involved in a trucking accident case, one of the first thoughts in their mind is whether they also have to prove their case “beyond a reasonable doubt” just like these other trials. Some people who are victims may even wonder if they can overcome this insurmountable burden, as two of the three defendants mentioned above were found not guilty. Our Portland trucking accident lawyer explains what is a burden of proof and whether a victim must prove a trucking accident case “beyond a reasonable doubt” in Oregon.
What is a Burden of Proof?
A burden of proof, or burden of persuasion, is the level at which a party must present evidence and prove his or her case. Essentially, it is the level of persuasiveness that a reasonable person would believe what the party is saying. All causes of action or affirmative defenses have a burden of proof or a burden of persuasion. And it is not always the same level. Some causes of action may have a lower burden of proof than an affirmative defense, or vice-versa. It all depends on the claim.
What Does “Beyond a Reasonable Doubt Mean”?
The burden of beyond a reasonable doubt is the strictest burden of proof that an individual has to prove. This means that a party has established a claim or defense to a near 100% confidence or persuasion level. Some experts opine that this could be as low as 98%, but that is a very high number. Essentially, the judge or jury hearing the case must know nearly 100% that what the party is saying is true and it can only be true.
What Burden of Proof is in a Trucking Accident Case in Oregon?
The question of whether a party much prove a trucking accident case “beyond a reasonable doubt” in Oregon is an important one. The answer should be relieving in that it is a “no.”
Rather than having to prove the facts and liability by 100%, all a victim of an Oregon trucking accident has to do is establish that it is “more likely than not” for the victim to be telling the truth over the defendant. This equates to a 51% burden of proof known as a “preponderance of the evidence.”
This means that a victim does not have to prove in a trucking accident case “beyond a reasonable doubt” in Oregon. Rather, a victim has a much lower standard of a “preponderance of the evidence.” This should be comforting and a victim should understand that, while their case will be difficult without an experienced Portland trucking accident lawyer, a victim will not be held to the burden of proof of a criminal defendant and only needs to establish a claim by 51% or more.
Ask our Portland Trucking Accident Lawyers for Help to Prove Your Case
If you or a loved one have been seriously injured or killed as a result of a trucking accident or collision contact the Oregon Truck Accident Lawyers at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton, Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles, St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.
We also have an office in Minneapolis, Minnesota and take Trucking accident cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.
Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.