In an east Texas auto accident case, the plaintiff has the burden of proof. Unless he or she can convince the jury, by a preponderance of the evidence, that the defendant was negligent, he or she cannot recover money damages.
The trial court judge is tasked with determining which evidence proffered by the respective parties is admissible. Disputes often arise concerning specific pieces of evidence, including whether or not a certain witness should be allowed to testify or whether a particular document should be allowed into evidence to be considered by the jury.
A party who is aggrieved by the trial court’s decision has the right to an appeal – usually, after the case has been tried and a verdict entered.