What is the Burden of Proof in an Oklahoma Semi Truck Accident Negligence Case?
In order to prevail at a trial for the recovery of damages sustained in a 18 wheeler accident, the aforementioned elements of negligence must be proven to the jury or judge by the “preponderance of the evidence” or the “greater weight of the evidence,” as it is described in Oklahoma Jury Instructions – Civil Instruction 3.1. This is a much lower standard than the “beyond a reasonable doubt” burden most people are familiar with for criminal prosecution. Generally stated, it has to be more probable than not that the defendant was negligent and caused the claimed injuries. What damages is an injured person in Oklahoma entitled to? In an Oklahoma personal injury trial, the jury is instructed to consider the following when determining the award an injured person is entitled to: • His or her physical pain and suffering, past and future; • His or her mental pain and suffering, past and future; • His or her age; • His or her physical condition immediately before and after the accident; • The n
