In instances whereby accidents are complex and have several complicated factors associated with them, they may require an accident reconstruction to be carried out. The accident reconstruction determines what elements existed during the incident, who is at fault in the accident and how to proceed with the litigation claim. This article will discuss when accident reconstruction is required in a car accident personal injury case.
Accident reconstruction may be defined as “the process of investigating, analyzing and drawing conclusions about the cause and events during a vehicle accident”. It entails using scientific methods to replay the accident. The act of reconstructing an accident determines the circumstances, mechanics and factors linked with the accident. Accident reconstruction, in most cases, is performed by experts trained in traffic accident reconstruction engineering and physics. In addition to such training is law enforcement.
The need for accident reconstruction is borne from the requirements of the law when an accident occurs. The burden of proof lies on the plaintiff to show that the other party is responsible for the accident and the injuries or losses they suffered due to the accident. As such, a lawyer well-versed in personal injury law may find it necessary to hire an expert with forensic knowledge and expertise in reconstructing an accident.
An accident reconstruction expert's basic rule is to create a timeline that includes all elements that led up to the incident. This could involve factors such as:
- Weather conditions before and at the time of the accident
- Road construction or related issues
- The well-being of both drivers at the time of the accident
- Defects that may have been present on either vehicle as well as the conditions of the vehicle
The reconstruction progresses with all information collected to create a clear picture of what happened on the road and show the court which party has greater responsibility for the accident.