Car accidents in Duluth require different evidence to prove the at-fault party’s negligence. The proof generally includes pictures of the crash scene, video footage, witness statements, and accident reconstruction report. Accident reconstruction involves the analysis of factors that result in a crash.
Those who conduct the analysis are known as accident reconstructionists. Law enforcement agencies have crash reconstructionists working for them, and sometimes, a victim’s attorney may hire one. Accident reconstructionists are expert witnesses and help victims prove their claim or the defense to strengthen their defense.
This article focuses on how accident reconstruction specialists prove negligence in a Duluth car accident case. Our Duluth car accident lawyers work with crash reconstructionists to prove the at-fault driver’s liability and get you maximum compensation. So contact us immediately after the collision.
What Is Accident Reconstruction?
Accident reconstruction is part of the causation forensics branch that seeks to answer how and why an accident happened. It involves clues from the remaining physical evidence and uses it to reconstruct and study the facts preceding, during, and after the accident. In a way, accident reconstruction is a reverse procedure.
This is because the accident reconstructionist determines and studies evidence at the scene to develop a theory on the cause of the crash and how it happened. So, the crash reconstruction expert sort of goes back in time to understand what happened. Generally, the specialist depends on the following factors:
- The speed of the drivers
- Whether a driver ran stop signs and red lights
- Whether a driver made an error while turning or changing lanes
- Loss of driver control caused wither by mechanical failure or defective part
- Dangerous road conditions
- Adverse weather/visibility issues
Accident reconstructionists may submit reports or develop a 3D model to show how the crash happened. The 3D model is a compelling piece of evidence in accident claims, especially those that proceed to trial.
How Do Accident Reconstructionists Determine Negligence in a Car Accident?
Car accident reconstruction specialists have different ways of proving negligence. They use several sophisticated methodologies to determine the elements that played a crucial role in the origin and severity of the crash. Some of the key ways they do this include:
- Carrying out a thorough investigation of the crashed vehicle or vehicles
- Analyzing the pictures of the accident scene and vehicle or vehicles involved
- Reviewing the traffic collision report, deposition transcripts, witness statements, crash test reports, published studies, and other documents
- Evaluating the victim’s medical record to determine the consistency of their injuries with the evidence.
In some cases, and if available, the accident reconstructionist may review the information captured by the vehicle’s event data recorder. The latter is also known as a car’s black box. The specialist will use the data recorder info to assess the events leading to the crash. Note that reviewing black box data is more common in airplane or helicopter accidents. But today, electronic data is crucial in traffic accidents, especially in cars with AI (artificial intelligence) features.
When Does a Case Need Accident Reconstruction Specialists?
In a Duluth car accident case, witness testimony, police investigation report, and animations from the accident reconstructionist are useful in solving fault disputes. Primarily, the investigating authority or your auto crash lawyer will request the assistance of an accident reconstruction expert when it is unclear who caused the accident. When the crash reconstruction expert submits their report, it clears any doubt and cements each party’s role in the occurrence.
So, an accident reconstruction specialist will help your claim by:
- Identifying certain errors committed by the at-fault driver that led to the accident.
- Determining how a defective part or mechanical error caused the accident
- Evaluating the road or weather conditions at the crash time and how they contributed to the accident
Furthermore, the evidence presented by the expert protects your rights where the defendant claims you are partly at fault for the crash. Lastly, it helps identify potential at-fault parties you can file a claim against and get your full compensation.
Who Pays the Accident Reconstructionist’s Fees?
Most victims shy away from hiring expert witnesses because of how much they charge. But you should not worry about this. Duluth car accident lawyers work on a contingency fee basis. As a result, their legal fees and every other fee attached to your case get paid when they win.
Call Today for a Free Consultation
If you or a loved one suffered injuries because of an accident caused by a negligent driver, then our Duluth auto accident lawyers can help you. We have different experts we work with to prove your claim and will get the compensation you deserve. Contact us today at The Weinstein Firm to get started.