It may be easier to establish a cause and determine fault for some crashes compared to others. However, determining liability for most crashes is rarely straightforward. Typically, there are multiple versions of what happened in an accident.
In Maryland, if evidence is not sufficient to prove the other driver was 100 percent at fault, the insurance company will likely deny your claim. An accident reconstructionist could be useful by providing clarity in a dispute about negligence, enabling you to seek compensation for your damages.
Below, Goldberg Finnegan explains more about what an accident reconstruction specialist is and when this type of expertise may benefit some car crash claims.
After a car crash that causes you or a loved one harm, our auto collision attorneys in Silver Spring are here to help. We have decades of experience representing injured victims, and we know what it takes to establish a strong case for negligence. Find out if you may have a valid claim. Initial consultations are free, confidential and carry no obligation to hire our firm.
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What is Accident Reconstruction in a Car Crash Claim?
Accident reconstruction is the process of using scientific techniques and specialized knowledge to recreate how a collision likely happened. Accident reconstruction specialists are considered experts in their field and often have a background in engineering or applied science. Sometimes reconstruction experts are law enforcement officials who have been specially trained in accident reconstruction.
What Do Accident Reconstruction Experts Do?
An accident reconstruction specialist gathers data about the events leading up to the crash, much like others who initially investigated what happened. However, before reaching any conclusions, the accident reconstruction expert takes things further by determining:
- The speed and movements of vehicles involved in the crash
- Physics that impacted the collision
- Driver errors that may have led to the crash, such as not applying brakes
- If the occupants were wearing their seatbelts
- Whether a vehicle accelerated seconds before the crash
- The force and speed of the vehicles at time of impact
- Visibility issues, such as bad weather or poor road signage
- Other considerations, such as poor vehicle maintenance
How Could an Accident Reconstruction Expert Benefit My Claim?
After analyzing their findings, accident reconstruction specialists create 3-D models and generate computer-simulated crash reenactments to provide visual explanations of how a crash likely happened. This evidence, combined with the testimony of a recognized expert carries considerable weight with insurance companies, as well as judges and jurors.
You do not always need an accident reconstruction specialist. However, the credible testimony and scientific/visual evidence may create the “tipping” point in your favor when negligence is being disputed. It is harder to argue visual evidence and the credibility of an expert. In short, an accident reconstruction specialist could be the difference between being able to seek compensation or being barred from any recovery.
When Do You Need an Accident Reconstructionist?
If a qualified attorney is handling your car crash claim, he or she should know when hiring an accident reconstruction specialist may be necessary. This level of expertise is not cheap, so your attorney is only likely to recommend bringing in an expert when he or she believes it is the best strategy for your claim.
Specific circumstances that may warrant hiring an accident reconstruction expert include when:
- Fault is either not immediately apparent or otherwise difficult to prove
- Involved drivers are unable to recall enough useful details about the crash
- There are no credible eyewitnesses who can vouch for how the crash happened
- Involved drivers sustained serious or fatal injuries in the accident
- One or more vehicles were severely damaged and beyond repair
- Drivers provided significantly different versions of what led up to the crash
- Other relevant evidence or details that could provide insight about the crash are missing
The team of legal professionals at Goldberg Finnegan has extensive experience representing car crash victims. We understand the importance of ensuring you are not assessed any amount of fault. Under Maryland’s contributory negligence law, that would bar you from being able to recover any of your losses.