Proving Negligence in Accident Cases: Why Accident Reconstruction is So Important

Some auto accidents can present unique circumstances to make determining who was at fault challenging. Sometimes the accident happened so quickly – causing chaos, confusion, and the infusion of adrenaline from shock – that the involved parties may be unclear as to what happened and who was at fault. In other situations, at-fault parties may try to hide that they are at fault. In these cases, you may need to consult with an accident reconstruction specialist to prove that the other driver in your case was responsible for the accident.  

If you were injured in an auto accident and proving fault is contested, contact a Florida injury attorney at Searcy Denney today for a discussion about how accident reconstruction can help your case. Our experienced personal injury attorneys have extensive experience in PI cases and can walk you through the process of collecting evidence in support of your case including consulting an accident reconstruction specialist if needed. 

Common Types of Evidence Presented in Personal Injury Cases

In auto accident cases where injuries are sustained, it is important to collect strong evidence in your favor. Your Florida injury attorney will help you collect a variety of different types of evidence as your case unfolds. Some examples of evidence your attorney may collect to build your case include, but are not limited to: 

1. Accident Reports 
2. Physical Evidence
3. Photo and Video Footage
4. Documentation
5. Testimony (Lay and Expert Witness) 

Expert Witness Testimony in PI Cases

A witness in a personal injury case is typically one of two types of witnesses – a lay witness or an expert witness.  

In complicated PI cases, especially those where it is difficult to prove who was responsible, an expert witness may testify. An expert witness is a professional who is qualified to testify on a specific subject because he or she has specialized knowledge, training, education, skills, and experience. Expert witnesses can help explain a complex matter. For example, an accident reconstruction engineer typically has experience with crime scenes, forensics, and engineering. They can offer conclusions about who caused the accident by testifying about how speed is determined at the scene of an accident, and how this applies to the facts of your case to determine fault.  

This type of expert witness often helps the judge or members of the jury understand information that may be more difficult to comprehend, and can help explain nuanced information in a way that even a layperson can figure out. Also, because an expert witness like an accident reconstructionist does not have much to gain or lose, the expert’s testimony can help provide an objective and credible appearance to enhance a party’s case before the trier of fact. 

How an Accident Reconstruction Expert Witness Can Help in your Auto Accident Case

Accident reconstruction is where an accident reconstruction engineer investigates and analyzes specific evidence from an auto accident to determine who was at fault in the accident. These experts will use the information that they collected during their investigation process to recreate a picture of the accident. Some information that the expert will consider includes, but is not limited to:

• Considering vehicle speeds, movement, and angle of impact before, during, and after the impact of the crash
• Looking at the conditions of the road where the crash occurred such as the road materials (i.e. gravel vs. pavement), construction, or other conditions of the road such as potholes
• Driving behaviors of the persons behind the wheel at the time of the accident
• Mechanical conditions of the vehicles involved in the accident
• Taking into consideration human error
• Collecting information from lay witnesses 
• Considering the weather at the time of the crash
• Actually visiting the scene of the crime to see any visible evidence such as skid marks 

After considering all of the relevant facts and performing the necessary analysis and simulations, an accident reconstruction expert will typically present a written findings and conclusions report and/or may testify at the auto accident trial. This testimony can help bolster your case and in some situations may help you settle the case before taking the case to trial.

Identifying the right expert witnesses for your case, such as an accident reconstruction expert,  can be challenging. If you need help selecting credible expert witnesses in your personal injury case, contact a Florida accident lawyer who can help you select the best witnesses for your case.  

Expert Witnesses & Proving Negligence in Your Auto Accident Case

In auto accident cases, it is important to determine who was the negligent (i.e. at fault) party.  Typically, a plaintiff in a personal injury case must prove that the defendant owed a duty of care to the plaintiff, the defendant breached the duty of care, the plaintiff sustained damages, and the damages sustained were a proximate cause of the defendant’s breach of the applicable duty of care. 

Occasionally, proving who was negligent is simple. In some cases, a negligent party may even admit fault. However, in many cases who was at fault in the accident is contested. When you don’t have sufficient evidence without expert testimony to prove your case, you may need to consult with experts, such as accident reconstruction engineers, to prove who was at fault.  

A Florida Accident Lawyer Can Assist with Your Personal Injury Case

If you have been injured in an auto accident in Florida and need an accident reconstruction expert to help prove your case, contact an experienced Florida accident lawyer at Searcy Denney for a free legal consultation. We have experience with personal injury cases and can help prepare your case by helping you select key expert witnesses, such as an accident reconstruction expert, to prove your case. Our attorneys have decades of experience in personal injury law and working with witnesses. Contact us today to schedule your free consultation with one of our lawyers. Our experienced attorneys have helped people injured in accidents recover millions of dollars in damages via settlements and court verdicts. We have offices conveniently located in Tampa,  West Palm Beach and Tallahassee. We are happy to assist you and we work on a contingency fee basis.