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New York Personal Injury Law Blog

Monday, August 10, 2015

Importance of Credible Accident Reconstruction Testimony

If you have been injured in an automobile collision, your attorney may require the assistance of an experienced accident expert to help prove who is at fault for the accident. Generally, in order to recover any compensation for your injuries or property damage, you will have to prove that the other party was somehow negligent. Accident reconstruction experts are professionals who have obtained specialized training in order to analyze the physics of the accident scene, determine vehicle speeds and movements, and effectively communicate their findings to the court or insurance company representatives.

These professionals come from a variety of backgrounds, including science education, engineering, or law enforcement who have undertaken special training. These experts can evaluate the scene of the accident, develop calculations and assessments regarding how the accident occurred or how damages were sustained, and can testify to these facts and findings before a judge or jury. They do so by offering a variety of services, including site visits to the scene of the accident, taking photos, interviewing witnesses, applying the applicable scientific principles and preparing a final report. That report often forms basis for the expert’s testimony in court. Generally, the importance of the accident reconstructionist’s testimony is directly tied to the complexity or controversial nature of the accident in question.

Expert testimony regarding how an accident occurred is key to settlement negotiations. Using illustrations, simulations, models, animations and other methods, accident reconstructionists can show exactly what happened, how it happened, and how it could have been prevented.  Even if there are photographs of crash scenes and medical records, these can usually demonstrate the severity of the accident or damages sustained rather than proving who was at fault.

Usually, both sides hire their own reconstruction experts and, not surprisingly, those reports often conflict with one another. When this happens, the experts' credibility becomes a key issue. As in every case where there is conflicting testimony, the decision-makers must make a determination regarding which expert to believe.


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