The facts of a motor vehicle accident are not always black and white. The police who arrive at the scene and the insurance adjusters working on the claim are trying to figure out who is at fault based on all of the available evidence. The burden of proof means the obligation to prove what one is claiming. In personal injury cases, the burden of proof in obtaining compensation after an accident lies with the plaintiff or person seeking damages. That means that you, or the attorney representing you, is responsible for obtaining any and all evidence which proving the other person is at-fault. Eyewitness statements go a long way in providing the evidence or proof that what you are saying is correct— that you are not at-fault and you deserve to be compensated.
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