A car accident can be debilitating for the victims and the injured. Although a tragedy cannot be reversed, the legal system ensures that victims are fairly compensated for their loss. Victims can file a claim or a court case for compensation and justice. However, proving liability, negligence, and the extent of damages in car accident cases can be tough without the help of expert witnesses.
While all major cities struggle with tragic road incidents, Chicago records significantly high crashes and fatalities, possibly due to its reputation as a Midwest industrial and cultural hub. If you or a loved one was hurt on the road, consult a Chicago car accident lawyer to help you through the restitution process. One of the ways lawyers prove their case is by leveraging experts to recreate the scene.
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What is Car Accident Reconstruction?
Car accident reconstruction is the sophisticated process of using available data to model events leading up to a traffic accident. Experts apply engineering and computer skills to render models about an accident and provide more insight into the cause, contributing factors, fault, and negligence.
These opinions from expert witnesses are important for building a strong case and obtaining fair restitution for concerned victims.
Usually, the process starts with evidence gathering. Experts collect and analyze materials such as accident videos and photographs, data on impact points, vehicle resting positions, skid marks, third-party witness statements, and police reports.
Other important data include weather reports for the day of the incident, road conditions, and visibility. They also inspect the vehicles involved, including mechanical issues, damage patterns, airbag deployment, etc.
Finally, they apply engineering knowledge and software to determine variables such as speed and trajectory. Various other processes involve accident reconstruction, including testing vehicle equipment for defects.
The experts’ findings, opinions, and conclusions are important in building a solid case for compensation. Usually, they’ll prepare visual aids to communicate their findings.
Benefits of accident Reconstruction in traffic accident cases
Reconstructing car accidents before a jury or insurance team can help convince them that you have a claim. Your claim may benefit from the findings, opinions, and conclusions of expert witnesses in the following ways:
Meeting the burden of proof
The burden of proof is a vital aspect of car accident litigation. It helps ensure cases are decided fairly. The burden of proof in car accident cases requires plaintiffs to prove a breach of duty of care, damages, and causation.
That means you and your team must show that you suffered injuries and related expenses because the defendant failed to act as a reasonable person would have under the same situation. Car accident reconstruction experts can help meet the burden of proof.
Their findings can reveal that the defendant was indeed reckless or uncaring, thereby proving causation. The defendant may be another motorist, road maintenance agency, vehicle parts manufacturer, etc.
Overcoming disputes about liability
Some defendants in car accident cases may try to disagree with your claims about liability. They may even try to argue that the accident and your injuries were partially or wholly your doing.
Car accident reconstruction can provide a clear and unbiased analysis of events build-up to the accident, helping parties see who was indeed at fault. Indeed, car accident reconstruction is helpful in cases involving inconclusive material evidence or conflicting third-party witness testimony.
Determining settlement/award
Determining settlement or award is integral to the car accident claim process. Experts evaluate the extent of the car damage to approximate the speed and degree of impact and the potential injuries that may have resulted. Attorneys can use this data to back your claim for pain and suffering, medical expenses, property damage, etc.
Supporting a strong case
As mentioned, expert witnesses may provide a clear and unbiased analysis of events build-up to the accident. Lawyers can use these opinions, findings, and conclusions to formulate strong arguments forcing insurers to negotiate fairly or the jury to see that you are entitled to compensation.
Car accident reconstruction is one of the best ways to deal with defendants and insurers disputing liability or downplaying the severity of your injuries and damages. Indeed, such opinions and findings can compel insurers to settle without going to court.
But in any case, you should retain the services of an experienced attorney. Even with the best expert witnesses, you might need to learn how to leverage car reconstruction evidence to benefit your case.
