An accident reconstruction expert witness can help your car accident claim by providing scientific or technical information that shows a party is at fault. They can explain how the accident occurred and identify the factors that contributed to it. They can describe the severity of the collision to support a claim for damages.
Experienced Greenville car accident lawyer Bobby Jones explains accident reconstruction expert witnesses in car accident claims.
What Does an Accident Reconstruction Expert Do?
An accident reconstruction expert analyzes an accident and the scene of the accident. Their evaluation provides data, calculations, and information about the crash. This information can be key evidence in a car accident claim.
A car accident reconstruction expert can answer questions that are important to a car accident claim:
Who is at fault for the crash?
The information learned from accident reconstruction can explain the actions of each party and how those actions contributed to the crash. For example, accident reconstruction may establish the vehicle’s speed at the time of impact. It may explain whether a party applied their brakes or tried to steer away in the moments before the collision.
How did the crash cause damages?
Accident reconstruction can be used to prove that a crash resulted in damages. It may explain that the crash occurred at a force great enough and of a nature to cause certain injuries. This evidence can prove causation to support a claim for damages.
Types of Cases That Benefit from Expert Reconstruction Testimony
Here are some situations when a party may benefit from an accident reconstruction expert witness.
- A party contests whether injuries are the result of the crash.
- Comparative negligence and apportioning fault may be an issue in the case.
- The sequence of events may impact liability, and it’s important to know exactly how the collision occurred.
- A vehicle defect may be to blame for causing the crash or for the severity of injuries
- Weather conditions may have played a role.
- Cargo being transported or an item being hauled may have been impacted by a crash.
- An accident involves multiple vehicles or pedestrians.
- Witnesses are offering conflicting testimony about important factors.
- Other evidence is limited or unreliable.
- The claim is high value because of severe losses and harm.
- It’s likely that the case will go to a jury trial, making the presentation of evidence especially important.
How These Experts Help Prove Liability and Causation
Accident reconstruction is a scientific approach to examining car accidents. It starts with known information, such as damage to vehicles, debris, and where vehicles came to rest. Then, the examiner works backwards to answer questions like speed at impact, severity of the collision, and how factors like weather may have contributed. They may investigate mechanical issues and unusual events. With this information, they can provide valuable evidence, with expert credibility, to support a compensation claim.
How does an accident reconstruction expert get their information?
An accident reconstruction expert may use the following:
- Traffic collision reports
- Photographs and video
- Vehicle inspection
- Data recorded from vehicles
- Witness interviews, deposition transcripts
- Medical records
- Accident scene measurements
- Emergency personnel logs
- Autopsy reports
- Repair estimates
- Crash testing
- Software and visualizations
Some information will already exist, having been gathered by others. For example, you may provide the reconstructionist with photos that you took at the scene of the accident. Other information can be obtained through inspections and testing. The reconstructionist applies principles of physics and engineering to the facts used to evaluate the case.
Using Technical Evidence To Strengthen Your Claim
Witnesses can provide powerful evidence for a car accident claim. But witnesses can also be unreliable. They can have biases, or their testimony may conflict. Similarly, photographs and videos may not tell the complete story.
Technical evidence can strengthen your claim by providing objective facts. The jury may see it as unbiased evidence that is not impaired by human factors. This reliability can allow the jury to resolve disputed issues in your favor.
What Qualifications Make an Accident Expert Credible?
A person must be qualified to be an accident reconstruction expert witness. They must have the training, knowledge, and skill that allow them to provide scientific or technical information. Getting a person qualified as an expert is an important first step in admitting their testimony.
Usually, an expert has a background in engineering, mathematics, or physics. They may have a degree and a specialized certification. They must understand the mechanics of a crash.
The court decides if a person is qualified to be an expert. If qualified, the person may provide an opinion about relevant issues in the case.
Admitting automotive expert witness testimony
South Carolina court rules require disclosure of expert witnesses in discovery. If the expert is only consulted as part of a case strategy, disclosure is generally not required.
Privileged communications between an attorney and an expert witness are generally protected from discovery, unless an exception applies. Exceptions relate to accident reconstruction expert cost, facts, or data used in forming opinions and assumptions relied on to form opinions. An attorney can assist you in addressing the procedural issues when using an accident reconstruction expert witness.
The Role of 3D Models, Simulations, and Reports in Litigation
Accident reconstruction expert witnesses often use 3D models, charts, diagrams, and simulations with their testimony. This demonstrative evidence can help the jury make sense of the information they are hearing. It can be more engaging than listening to testimony. Ultimately, the way evidence is presented can make it more persuasive.
The jury weighs the credibility of all evidence presented. They may accept everything a witness says, none of it, or parts of it.
What’s best to use in a case depends on the issues presented. Your attorney can help you weigh the cost of having an accident reconstruction expert and how their testimony may bolster your case.
Contact an Experienced Greenville Car Accident Lawyer
Robert “Bobby” Jones of Bobby Jones Law is an experienced Greenville car accident lawyer. He represents clients aggressively, including working with expert witnesses to build cases. See how an expert might help in your case and how a lawyer can assist with your claim. Call or message us now.
