The Role of Construction Accident Reconstruction Experts in Lawsuits
Key Takeaways:
- An accident reconstruction expert has training, education, and experience to recreate a possible accident scenario.
- The injury victim in a construction accident can use a reconstruction expert to show the jury what caused their injuries.
- The jury may see different accident reconstructions and has to decide which party is liable for the accident.
After a construction site accident, an injured worker deserves compensation for their injuries. Unfortunately, insurance companies may not want to pay up. Sometimes, the only option may be to file a personal injury case for damages.
In a personal injury claim, you have to prove the other party was responsible for the accident. One way to prove who was liable is to have an expert witness reconstruct the accident. The accident reconstructionist can show the jury how the accident happened and why the construction company is responsible.
If you have questions about how a reconstruction expert can help in your accident case, talk to a construction accident lawyer for legal advice.
What Is an Accident Reconstruction Expert?
An accident reconstruction specialist is someone with technical and professional training who can reconstruct an accident scene from the information available. A reconstruction expert in a personal injury lawsuit is someone who has the knowledge, skill, extensive experience, training, and education to provide an expert opinion.
Based on all available information, the accident expert can reconstruct an accident scene using visual aids, video, computer images, or models to show what likely happened during a car accident, truck accident, or construction site accident.
How Do Experts Reconstruct an Accident?
Accident reconstruction experts usually have specialized knowledge, technical training, and education in investigating accidents. This can include engineers, scientists, consultants, and others with backgrounds in mechanical, civil, materials, and biomechanical engineering.
Experts consider the evidence available after an accident, including:
- Police reports
- Airbags
- Skid marks
- Physical evidence of damaged construction equipment
- Witness statements
- Accident claims
- Data recorders
- Video evidence
- Medical records
Using all the evidence, the experts can use specialized software to reconstruct the accident. This includes calculating speeds, trajectories, force of impact, and safety performance.
How Can You Use Accident Reconstruction in a Construction Injury Case?
In a personal injury law claim, the injury victim has to prove the other party was responsible for the accident. Construction accident claims can be based on negligence, product liability, or premises liability.
For example, you are walking on scaffolding and it collapses, causing an injury. You claim the scaffolding was not set up properly. The construction company says the scaffolding was safe. An accident reconstruction expert could show that if the scaffolding were set up to code, it could not have collapsed under the conditions. A jury could then decide that the scaffolding was set up negligently, and the construction company is liable for damages.
If you have a personal injury claim against a construction worker, construction company, equipment manufacturer, or property owner, an accident reconstruction can help prove your case. Expert testimony can include a visual presentation to show what likely happened during the accident and how it caused your injuries.
How Does the Construction Industry Use Accident Reconstruction?
When a plaintiff has expert witnesses, the defendants may also use experts. The construction company or insurance company may find an accident reconstruction expert to show a different possibility. When the construction industry uses accident reconstructions, they will generally show the plaintiff or another party was liable for the accident.
For example, in a scaffolding accident claim, the construction company can show that the scaffolding clamps were defective. In a product defect claim, the manufacturer can be held responsible for manufacturing or design defects. A materials expert could test the scaffolding clamps and show they were defective as manufactured. This could mean the manufacturer is liable for the accident and not the construction company.
When the jury is presented with two different accident reconstructions, it is up to them to decide which they find most likely. A jury generally won’t decide just on an accident reconstruction. Instead, the jury should consider all the evidence presented to decide who was liable for the accident.
How Can a Construction Accident Lawyer Help?
An accident reconstruction can be very helpful in your construction accident claim. Your personal injury attorney can find a reconstruction expert to review your case. If your case goes to trial, a visual accident reconstruction can help prove the construction company was responsible for your injuries.
If you have questions about the accident reconstruction experts and how they can help your construction or vehicle accident claim, talk to a construction accident lawyer about your legal options.
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