Accident reconstructionists play an important role in personal injury cases, providing information and analysis that is not available in other ways. LA Century Law explains what an accident reconstructionist does and if you may need one for your case.
What is an Accident Reconstructionist?
An accident reconstructionist is an expert witness who investigates and analyzes accidents.
They gather data to determine how and why an accident occurred. Their analysis may be admitted in court in a car accident compensation claim.
What Does an Accident Reconstructionist Do?
An accident reconstructionist uses a scientific process to analyze a crash, reaching conclusions about how or why an accident occurred.
An accident reconstructionist may testify in court as to their findings.
What Information Will They Need?
An accident reconstructionist wants to know the following:
- Why the crash occurred
- How the crash occurred
- Causes and contributing factors
- Details about the crash
What Questions Will They Ask?
Specific questions that an accident reconstructionist may ask include the following:
- How fast was each vehicle going at the time of impact?
- What was the angle of impact?
- Did either vehicle brake? If so, how much?
- Is there grass present that could verify a door opening or separation of a tire?
- Did the impact change the trajectory of each vehicle?
- How did vehicles accelerate, decelerate, and rotate?
- How did weather or road conditions affect the crash?
Who may use an accident reconstructionist in a personal injury claim?
Either the plaintiff or defendant may use an accident reconstructionist in a personal injury claim.
The expert may be used to prove facts relevant to the case or to disprove the other party’s case.
The Types of Evidence Used in Accident Reconstruction
Accident reconstructionists use the data available to them and gather new data to analyze an accident. They may consider the following:
- Traffic collision reports
- Photographs of vehicles and the accident scene
- Witness testimony
- Data event recorders
- Vehicle inspections
- Medical records, autopsy reports
- Reports from first responders
- Crash tests
- Impact points on each vehicle
- Vehicle damage and debris
- Vehicle weight and specifications
- Research and literature
- Skid marks
- Undercarriage damage
- Vehicle resting places
- Weather
- Road conditions, road surfaces
There are many pieces of data and evidence that may be collected and used in accident reconstruction. While some of the data is provided by others, such as photos from the accident scene and vehicle specifications, the reconstruction process may take an investigative role in gathering new data.
How Accident Reconstructionists Recreate Crash Scenarios
Accident reconstructionists recreate crash scenarios by:
- Collecting data
- Analyzing data
- Reporting their findings
Computer models are common, and simulations and photographic modeling can be used. Calculations can be done by hand.
Ideally, the reconstructionist will use multiple methods, reaching similar conclusions.
When To Consider Hiring an Accident Reconstructionist
You may consider hiring an accident reconstructionist if there are issues in dispute that can’t be conclusively proven another way. For example, the defendant may agree that they are at fault.
The only question in the case is damages. In that case, you don’t need to hire an accident reconstructionist to prove fault. However, if the defense says they are not at fault because they applied the brakes before the accident, you may need a reconstructionist to refute the claim.
You may need an accident reconstructionist to explain how a curved road caused the driver to lose control. They may investigate the angle of the road, speed, and driver steering. This information could also prove the fault of a government entity responsible for the road.
Not all cases need an accident reconstructionist. A lawyer can help you evaluate this need.
Who is qualified to be an accident reconstructionist?
There is no specific degree to be an accident reconstructionist, but it is usually grounded in math and engineering. A person must be qualified through training, knowledge, and experience.
How Accident Reconstruction Testimony Can Strengthen Your Claim
Accident reconstruction testimony can strengthen your claim by helping prove the following:
Fault
A driver may not be honest or witnesses may not accurately observe or quantify speed. Details gathered by accident reconstruction can prove who has legal fault for the accident.
Causation of damages
To receive personal injury compensation, the accident must be the cause of damages. Reconstruction may reveal that the accident was likely to have caused the victim’s injuries.
Defending against accusations of negligence
If the defense raises comparative negligence, accident reconstruction may refute their claims.
Costs and Benefits of Using an Accident Reconstructionist
The cost of an accident reconstructionist depends on how complex the case is and whether the person testifies at trial. A lawyer can help you with a cost-benefit analysis of whether it’s appropriate to use an expert in your case.
If I use an accident reconstructionist, will they testify in court?
An accident reconstructionist may be advisory or may be a witness. Not every accident reconstructionist ends up on the witness stand. A party may consult with an expert for their purposes. They may name the reconstructionist as a witness and use the information in settlement negotiations. If a case goes to trial, the accident reconstructionist may testify.
Cases for accident reconstructionists in California
The admission of accident reconstruction testimony has been a contested issue in California personal injury claims. In Solis v. Southern Ca. Rapid Transit Dist. (Cal. Ct. App. 1980), the court reversed judgment for the defense because they found there was no adequate foundation for the testimony of the defense accident reconstructionist. The court was skeptical of the experiments and whether conclusions were sound.
In Box v. California Date Growers’ Assn’, (Cal. Ct. App. 1976), the court said that the object of accident reconstruction is to reach satisfactory conclusions. Absolute accuracy is not required.
The court allowed testimony that was consistent with other evidence in the case.
Contact an Experienced Century City Personal Injury Lawyer
If you’re considering an accident reconstructionist in your personal injury case, we invite you to contact LA Century Law. Talk to an experienced Century City personal injury lawyer about your claim. Call or message us now.