Accident--Negligence--Vehicle Owner Entitled to Adduce Independent Evidence on Negligence Before MACT Despite Driver's Guilty Plea in Criminal Proceedings
MACT proceedings are civil in nature and negligence must be adjudicated on preponderance of probabilities, independent of criminal proceedings. A conviction recorded on a guilty plea in a criminal court does not bind the Claims Tribunal on the issue of negligence. A vehicle owner who was not an accused in the criminal case cannot be non-suited without a fair opportunity to contest negligence by adducing evidence. The Tribunal cannot reject applications to summon witnesses at the threshold without examining their relevance or necessity.
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