Many people think that lawyers win cases with a combination of fancy talk and razzle dazzle. There is some element of theater in personal injury cases, but substance, and not style, obtains fair compensation for victims.

In some ways, technology has changed this process. Once driverless cars begin prowling the rods, the process will probably change even more. But for the most part, today’s attorneys use the same methods and work ethic that the ones a hundred years ago used.

The Burden of Proof in a Winston-Salem Negligence Case

Methods have not changed very much because the rules have not changed at all. Then as now, victim/plaintiffs must establish negligence by a preponderance of the evidence, a legal phrase which means “more likely than not.”

If there are two stacks of paper that both have the same number of sheets and someone moves a sheet from the left to the right, the stack on the right is larger than the one on the left. That’s the picture of a preponderance of the evidence.

This standard of evidence is much lower than the one in criminal court, which is beyond a reasonable doubt. So, it’s easier for a victim to obtain compensation than it is to send a guilty person to jail in Winston-Salem.

Gathering Evidence in North Carolina Negligence Cases

For a long, long time, eyewitnesses and the accident report have been the primary sources of evidence in these cases. They each come with their own set of problems. Sometimes, eyewitnesses are biased or they may have only seen part of the accident. Police reports are almost always fair, but they often only reflect one side of the story, especially if the victim was unable to give a statement.

Physical evidence often fills in the gaps. Video evidence, from a red-light camera or nearby surveillance camera, is often available. Still pictures of items like physical damage and skidmarks are often very, very useful as well.

Technology has opened up this area even more in Winston-Salem. Some common tools include:

  • Event Data Recorder: The EDR is like a commercial airplane’s black box. The EDR records information like vehicle speed, steering angle, and other key crash metrics. Also, unlike eyewitnesses, it’s almost impossible to refute electronic evidence.
  • Electronic Logging Device: ELDs automatically track hours of service in commercial vehicles, so these devices are very valuable in fatigued driving-related truck crashes. Previously, drivers recorded HOS in manual written logs that were easy to fake.

Due to privacy laws, attorneys usually need court orders to examine EDRs and ELDs. It’s also important to send spoliation letters to the insurance companies in possession of these vehicles so they do not “accidentally” destroy vital evidence.

Contact Tenacious Attorneys

Compelling evidence and hard work wins car crash cases. For a free consultation with an experienced personal injury lawyer in High Point, contact McAllister, Aldridge & Kreinbrink PLLC. Home and hospital visits are available.