Experts Who Understand How and Why Accidents Happen and The Damage They Cause Can Be The Key To a Successful Case
Colorado personal injury cases can be complicated, and expert witnesses can be the key to clarifying to a judge or jury how an accident and injury happened, who was at fault, and the amount an injury victim should receive for their injuries and losses.
Expert Witnesses v. Fact Witnesses
A fact witness has first-hand knowledge about an accident or injury because they saw the incident or were present when it occurred. This includes the parties to the lawsuit who can testify about what they were doing when the accident happened, what they saw, and what happened afterward. A plaintiff can also discuss how the injury has affected their life. Similarly, eyewitnesses who can testify about what they saw or heard are also fact witnesses.
By contrast, expert witnesses are hired and paid for by one of the parties to prepare reports and provide testimony because they possess the specialized education, background, and experience that makes them uniquely qualified to provide analysis, explanations, and conclusions about a given subject.
Common expert witnesses in personal injury lawsuits include:
Medical Experts
While the physicians and other healthcare providers who treated the plaintiff will provide testimony about the injuries and treatment received, an expert medical witness is often retained to offer their opinions and prepare independent reports about the nature and severity of their injuries.
In medical malpractice cases, a medical expert can also testify regarding whether a physician or other healthcare provider was in breach of their duty of care and were negligent in their care and treatment.
Economic Experts
Determining how much an injury victim should receive in damages can involve looking into the future for years and decades to come to determine the amount in wages they will lose due to their injuries, how much their care and treatment will cost, and other financial losses they may incur.
Taking into consideration life expectancy, health, and other factors, economic expert witnesses can testify regarding the plaintiff’s loss of future earning capacity and what their future expenses will be to help a jury calculate the amount it will award the plaintiff if they prove that the defendant was responsible for their injuries and losses.
Accident Reconstruction Experts
While the specific circumstances of each accident are unique, there are common causes and factors that all accidents share. As discussed below, accident reconstruction expert witnesses have specialized training, knowledge, and experience that help them analyze the evidence and facts surrounding an incident and make educated conclusions about what happened and who was to blame.
Why Accident Reconstruction Experts Are So Important In Personal Injury Cases
In many ways, Southern Colorado personal injury lawsuits resulting from car accidents are all about accident reconstruction. The injury victim (or plaintiff) attempts to prove that the accident was the fault of the defendant, while the defendant tells their side of the story about how and why the accident occurred.
But as each of these parties attempt to paint a picture of the accident from their memories, evidence from the scene of the accident and the statements of witnesses, the exact details of what occurred at the time of the collision may still remain unclear. That is where the science of accident reconstruction and the testimony of expert witnesses specializing in accident reconstruction can bring clarity to the facts surrounding your personal injury claim.
When Will An Accident Reconstruction Expert Be Helpful?
Sometimes, the circumstances surrounding an accident are not in dispute, or the evidence of what happened and who’s at fault is unmistakable.
However, in many cases, there is a lack of eye-witnesses or critical evidence that leaves many questions unanswered.
The latter circumstance is when the testimony of accident reconstruction expert witnesses can help the plaintiff’s car accident lawyer prove that the defendant was responsible for the collision, that the accident was the proximate cause of damages to the plaintiff, and the type and severity of the injuries sustained are the likely result of the car accident.
How Does An Expert “Reconstruct” a Car Accident?
Accident reconstruction expert witnesses are like a police detective in many ways. By analyzing the scene of the crash, gathering and evaluating all relative facts and evidence, these experts will develop a theory of how the accident occurred.
To gather this information, they likely will:
- Visit the accident scene.
- Review the accident report from Colorado Springs Police Department.
- Interview eyewitnesses.
- Watch available traffic camera, surveillance or other camera footage.
- Inspect all vehicles involved.
- Review medical records of the parties.
- Review photos, debris, skid marks, and property damage from the accident.
- Analyze data from the vehicles’ onboard electronics and safety systems.
What Answers Can Expert Witnesses in Accident Reconstruction Provide In An Injury Case?
Accident reconstruction expert witnesses can provide valuable insights into many aspects of a car accident case, including answering vital questions about fault and liability. For example, an expert may testify as to their opinions and conclusions about:
- The speed at which each vehicle was traveling when the accident occurred.
- Any evasive actions or maneuvers taken by the drivers just prior to the crash.
- Whether the drivers applied their brakes before the collision.
- If seatbelts were fastened at the time of the crash.
- The weather and road conditions that may have contributed to the crash or required more cautious driving.
- Each vehicle’s condition or roadworthiness when the crash occurred, including mechanical issues, brake condition, and even tire pressure.
King & Beaty: Expert Representation for Your Personal Injury Claims
At King & Beaty, our experienced Colorado Springs injury and accident attorneys regularly work with the nation’s top expert witnesses to provide expert legal representation for our clients. If you are ready to receive the maximum compensation available for your injuries and losses, arrange for your free initial consultation today.
