Accident reconstruction refers to the process of recreating the scene of an accident with the help of an expert witness. Accident reconstruction is usually used in personal injury cases, or when it is difficult to determine who was at fault.
It is typically employed in automobile crash lawsuits, in order to determine exact mechanisms of the accident and resulting injuries. In their presentation of reconstructing the accident, the lawyer or expert witness may often use tools such as:
If your case involves complex visuals or needs an expert witness, then there may be extra fees associated with the accident reconstruction.
Accident reconstruction is useful in cases where the car accident was fatal or resulted in severe bodily injury. In car accident cases, the method is often called by other names, such as “traffic accident reconstruction.” Common personal injury claims that use accident reconstruction are:
Forensic animation is a specific type of accident reconstruction that uses computer programs to create the accident. They are commonly used for car crash cases. For instance, these programs can incorporate physics calculations, such as one car going 20 mph and the other going 55 mph.
The use of forensic animation in trial is still subject to debate. Courts are still considering whether forensic animation is accurate enough to be used as evidence in trial.
Forensic animation shouldn’t be a party's only piece of evidence. The defense or plaintiff should use forensic animation with other forms of evidence as well, such as actual video footage or witness testimonies.
Some accident reconstruction methods may go into great detail in order to piece the events of the accident together. Aside from the tools mentioned above, traffic accident reconstruction can look at the following in order to help determine the details of the accident:
For many cars, much of this information may be recorded in event data recorders, which provide valuable information such as car speed at the time of the collision or right before the collision. Accident reconstruction for other incidents like slip and fall cases may involve a similar amount of detailed analysis.
Motorcycle accident reconstruction is very similar to accident reconstruction for automobiles, except that it deals with special factors involved in motorcycle crashes. Similar techniques and analyses are used, with a focus on specific motorcycle elements, such as:
The court needs to review the accident reconstruction evidence in order to determine its accuracy and relevance to the case. If the evidence does not support the party’s claim, it sometimes can’t be entered in as evidence in official court records.
Most courts use the following factors when analyzing accident reconstruction evidence (including forensic animation):
The accident reconstruction evidence is thoroughly analyzed by the court before it can be admitted into the record. Also, the judge may give the jury specific instructions about an item of evidence.
Proving fault in an accident sometimes can be difficult and may require the use of accident reconstruction methods. A local and experienced personal injury lawyer can help you prepare your case for trial and find the right expert witness for you.
Last Modified: 08-28-2018 10:01 PM PDTLaw Library Disclaimer
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