Pennsylvania Car Accident Glossary of Terms

Bad faith

Intention to mislead or deceive; conscious refusal to fulfill some duty. Implies active ill will, as opposed to negligence. Bad faith is not bad judgment; it requires conscious wrongdoing. See insurer bad faith .

Bailiff

Court officer responsible for keeping order in the court, custody of the jury, and custody of prisoners while in court.

Bench trial or non-jury trial

Trial before a judge and without a jury. In a bench trial, the judge decides questions of law and questions of fact.

Best evidence

The most direct evidence possible, such as producing an original document to prove that the document exists and what it states. A copy of a document or testimony by a witness would be "secondary evidence." The best evidence rule prohibits the introduction of secondary evidence unless best evidence cannot be obtained, so long as the party seeking to introduce the secondary evidence is not at fault in making the best evidence incapable of being obtained.

Binding authority

Law that controls the outcome of a case. For example, a decision on the same point of law by a higher court in the same state must be followed by a lower court in that state. See precedent .

Blood Alcohol Concentration (BAC)

The amount of alcohol found in a persons blood, the result of which will determine whether the person was under the influence of alcohol and/or legally intoxicated at the time of an accident. Currently in Pennsylvania, a person with a BAC of .10 grams per deciliter or greater is considered to be intoxicated.

Bodily injury

In automobile insurance law, bodily injury refers to the damage sustained to a person's body as a result of a vehicle collision.

Brief

Written document, usually prepared by an attorney, submitted to the court about a case, containing summaries of the facts of the case, relevant laws, and an argument showing how the laws support that party's position.

Broker

or insurance broker. An independent middleman who acts between an insured and an insurance company and solicits insurance business from the public. A broker is not tied to any particular insurance company. Compare with insurance agent.

Burden of proof

Burden of proof or standard of proof or standard of proof. Degree of proof required in a specific kind of case to prevail. In the majority of civil cases, it is proof by a preponderance of the evidence.

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