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How Car Accident Reconstruction May be Used to Validate an Injury Claim
Posted on behalf of Peter T. Nicholl in Car Accidents Published on November 30, 2021 and updated on March 15, 2022.
Sometimes it is tough to assign fault for a crash. The drivers involved may have different stories or not remember much. There may not be any witnesses, and even if there are, their accounts may be unreliable at best. Your attorney might not get to the scene until it has been cleaned up, which can make it harder to assess what happened.
These could all be reasons why an attorney may recommend hiring an accident reconstruction expert to help validate your claim. Outside help like this can be vital, particularly when the insurance company tries to assign fault to the victim. Maryland has a harsh contributory negligence law, which means victims cannot recover any compensation if they are assigned even one percent fault.
If you have questions after a car crash, our Maryland auto accident lawyers are here to help, at no upfront cost to you. We have been helping injury victims for three decades and have recovered millions on their behalf.
What is Accident Reconstruction?
Accident reconstruction is a scientific process for recreating the accident to determine what happened during the crash and in the moments leading up to it. Many of these experts use computer models to simulate the collision, based on the information they have about the crash, such as the damage to both vehicles and the injuries suffered.
What Accident Reconstruction Experts Do
Accident reconstruction experts typically provide written reports and/or 3D models of how the crash happened. Their job is to work backwards from what they know about the crash to find out what happened.
Information they may use to reconstruct the accident may include:
- Pictures of the damaged vehicles
- Pictures of the scene
- Statements from witnesses
- Crash test reports for the vehicles involved
- Inspection of the damaged vehicles
- Police report
- Medical records for those who were injured
- Data from onboard event data recorders (black boxes) in the vehicles
Accident reconstruction may reveal a variety of factors that led to the crash, including:
- Distracted driving
- Road conditions
- Vehicle defects that caused a driver to lose control
- Missed stop signs or red lights
- Angle of impact
- Force of the collision
- Visibility at the scene
- Speeding
- Violating another driver’s right of way
- Other traffic violations
Qualifications
Accident reconstruction experts usually have education in fields like physics, engineering, math and forensic sciences. They need to have knowledge in a variety of areas, such as:
- Car dynamics
- Photogrammetry
- Computer applications
- Simulation tools
- Extensive knowledge of accident investigation, which is why many reconstruct experts have experience in law enforcement
Those who do accident reconstruction also need to have real-world training and experience so their reports on the crash can be seen as credible. This is particularly important if a case makes it to court and is heard by a jury.
Benefits of Accident Reconstruction
There is no way to know when a case could benefit from an accident reconstruction expert without consulting an experienced lawyer.
However, accident reconstruction experts are often brought in when there are disputes about the cause of a crash. An expert may be able to determine the specific errors made by the at-fault driver that led to the crash. If a defective car part contributed to the accident, an accident reconstruction professional may be able to determine how it happened and why. This could help validate a defective product claim.
Sometimes a government entity bears liability for a crash because a road was not properly maintained. Accident reconstruction may help determine precisely how poorly designed or dangerous roads contributed to a crash, or how better maintenance could have prevented a crash.
Accident reconstruction may also help refute claims about your role in the crash. Even if the insurance company’s claims about your fault in the crash seem flimsy, more evidence may be needed to refute them.
Should You Use Accident Reconstruction?
Many cases are resolved without the need for accident reconstruction. However, there is always a chance your attorney may need to take this extra step to validate your case, particularly if the insurance company denies or undervalues your claim.
This is an issue that should be discussed in detail with an experienced attorney. At our firm, we have handled many car crash cases and know how to thoroughly investigate what happened. We are prepared to aggressively pursue full compensation.
What is the Cost?
The cost of accident reconstruction varies. However, it is important for you to know there are no upfront costs at The Law Offices of Peter T. Nicholl. We advance the cost of litigation and do not charge upfront fees. We know this is a difficult time and we do not want you to be concerned about additional costs.
Contact Us Today to Schedule a Free Consultation
The Law Offices of Peter T. Nicholl have been helping car crash victims for more than 30 years. We have the resources to build a strong case and pursue full compensation for damages. Insurance companies are notorious for underpaying and denying valid claims. That is why you need someone fighting for your best interests.
Schedule a free consultation today to learn more. We are not paid unless you receive compensation.
Need legal help after an accident? Call 410-907-3957 today.
