Who holds the onus of proof in a lawsuit following an accident?

In a lawsuit following an accident, the person suing, known as the plaintiff, holds the onus of proof. This means that it is the plaintiff's responsibility to provide sufficient evidence to support their claims and demonstrate that the defendant is liable for the damages or injuries suffered. The burden encompasses proving not only the factual circumstances surrounding the accident but also the negligence or fault of the defendant that led to those damages.

In civil cases, the standard of proof is typically "preponderance of the evidence," which requires the plaintiff to show that their claims are more likely true than not. This requirement emphasizes the role of the plaintiff in substantiating their case through evidence, testimonies, and documentation.

Other parties involved, such as the defendant, may present their evidence to counter the plaintiff's claims, but they are not responsible for proving the plaintiff's case. The insurance company, while often involved in the claims process, does not assume the onus of proof in a lawsuit context; rather, they may defend the interests of the policyholder. The judge's role is to oversee the proceedings, ensure the law is followed, and guide the jury if applicable, but not to take on the responsibility of either party's proof.