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How Accident Reconstruction Can Help Your Injury Claim

Nov 22, 2021

How Accident Reconstruction Can Help Your Injury Claim

An Expert Who Can Tell The Story Behind Your Accident

In many ways, Colorado Springs car accident lawsuits are all about accident reconstruction. The injury victim/plaintiff tries to prove that the crash was the defendant’s fault while the defendant tells their side of the story about how and why the accident happened. But as each party tries to paint a picture of the accident from their memories, the statements of witnesses, and other evidence from the scene of the accident, it still may remain unclear exactly what occurred at the time of the collision. And that is where the art and science of reconstructing the accident and the testimony of experts in this field can make all the difference to your personal injury claim.

What Is An Accident Reconstruction Expert?

An accident reconstruction expert has specific education, training, and experience recreating and determining the reasons behind motor vehicle collisions. One or both sides in a car accident lawsuit may hire such an expert to write a report and provide testimony in a deposition and later at trial about their analysis and conclusions regarding how an accident happened and who was responsible.

When Would Reconstructing An Accident Be Helpful In An Injury Case?

Occasionally, the circumstances surrounding an accident are not in dispute, or the evidence as to what happened and who’s to blame is overwhelming. In most personal injury cases, however, there may be a lack of witnesses, or critical evidence may be missing that leaves many questions unanswered.

The testimony of a traffic collision reconstruction expert can help a plaintiff’s lawyer prove: 1) that the defendant was, in fact, liable for the collision; 2) that the accident was the proximate cause of the injury victim/plaintiff’s damages; 3) that the injuries the plaintiff sustained are of a type and severity such that the accident likely caused them.

A skilled accident reconstruction expert can help the injury victim’s case by:

  • Providing deposition and trial testimony about how the accident happened to establish liability;
  • Challenging untruthful or inaccurate deposition testimony provided by the opposing party or eyewitnesses;
  • Helping resolve disputes involving contradictory evidence; and
  • Identifying and highlighting necessary evidence that strengthens the plaintiff’s case.

How Does An Expert “Reconstruct” a Car Accident?

A traffic collision reconstruction expert is like a police detective in many ways. They analyze the crash scene, gather and evaluate all available facts and evidence, and then develop a theory as to how the accident occurred.

When forming their opinion about the cause of the car accident, the expert likely will:

factors an accident reconstruction expert examines

  • Visit the accident scene.
  • Interview eyewitnesses.
  • Review police reports.
  • Watch any available surveillance or camera footage.
  • Inspect the vehicles involved.
  • Review medical records.
  • Look at photos of debris, skid marks, and property damage.
  • Analyze data from the vehicles’ onboard electronics and safety systems.

What Answers Can An Accident Reconstruction Expert Provide In An Injury Case?

An accident reconstruction expert can provide valuable insights into many aspects of a vehicular accident case, including answering critical questions about liability. For example, an expert may offer their opinions and conclusions about:

  • The speed at which each vehicle was traveling when the crash happened.
  • Any maneuvers or evasive actions were taken by the drivers just before the collision.
  • Whether a driver applied their brakes before the collision.
  • Seatbelt usage.
  • Weather and road conditions that may have contributed to the crash or required more cautious driving
  • Each vehicle’s condition or roadworthiness at the time of the crash, including tire pressure, brakes, and other mechanical issues.

One of the benefits of using an accident reconstruction expert in your personal injury lawsuit is that juries usually give their findings more credence than the findings of the plaintiff’s lawyer. Juries are more likely to trust the conclusions of a neutral, highly trained traffic collision reconstruction expert than those expounded by an attorney with a vested interest in obtaining compensation for their client.

Injured In a Car Accident? Speak With a Colorado Springs Car Accident Attorney Today

Even a “simple” car accident can become a complicated car accident case. Having a personal injury attorney who knows how to best work with and use an accident reconstruction expert is essential in cases where the defendant’s insurance company disputes the reasons behind a crash.

At King & Beaty, our experienced Colorado Springs car accident attorneys regularly work with the nation’s top traffic collision reconstruction experts when appropriate to get our clients the maximum amount of compensation available for their injuries and losses.