A word that is often thrown around when pursuing a car accident personal injury claim is accident reconstruction. There are many questions that are asked with regards to accident reconstruction and how it affects a personal injury claim. This article will discuss what accident reconstruction is, the need for it and how it affects a car accident claim.
In most cases an accident involves two or more parties. It is when such an accident occurs that parties pursue a personal injury claim in order to recover compensation for damages they have suffered as a result of the accident. When pursuing such a claim, in order for the victim to succeed it is required that he or she prove that the other party is responsible for the accident and thus the damages they have suffered as a result. When a lawyer is hired, he or she may enlist the services of an expert in car accidents, known as an expert witness. The expert witness provides assistance on the accident as they have forensic knowledge and expertise. It is this individual who is able to do an accident reconstruction.
An accident reconstruction is “a branch of causation forensics which involves determining how and why an accident happened – accomplished by correctly interpreting the clues left by the remaining evidence of the accident, then by reconstructing and studying the events preceding, during, and following the accident”. The reconstruction expert creates a timeline as to the unfolding of the events that led to and caused the accident. The expert includes all elements of the incident. Such elements include the following:
- Weather on the day
- Road construction or problems
- Both of the drivers’ wellbeing
- Vehicle defects of either vehicle
- Conditions of the vehicle
- Quantity of traffic at the time of the accident
The reconstruction uses all information that has been collected in order to create a clear picture as to how the accident happened. By way of giving their testimony, expert witnesses show the court which party had a larger responsibility for the accident.
The question then asked is whether each and every car accident case requires an accident reconstruction. The answer is that it depends on the case. There are times where a formal accident reconstruction is necessary to give additional information or to remove confusion. However, the basic investigation made by the police who are on the scene of the accident may be sufficient. Often, those who were part of the accident may have corroborating details with regards to the occurrence of the accident that paints an accurate picture as to how the accident occurred.
However, having experts reconstruct the scene or on the scene may provide evidence that strengthens one’s claim. Such evidence may include:
- Photographs of the accident
- Measurements of factors relating to the crash by police
- The police report listing witnesses and other elements of the accident
One of the first things to do when involved in a car accident is to get legal representation and advice. For a free initial consultation speak to a personal injury lawyer car accident.