Most attorneys will tell you eyewitness testimony is notoriously unreliable. Statements taken at the scene of an accident have an almost magical quality, because they often turn into something completely different by the time a trial or deposition rolls around. In many of these cases, it is forensic evidence and physical proof that solves the unknown factors. This is where the Accident Reconstructionist comes in.
Gathering Evidence
“What happened” at the scene of a traffic accident is almost always a matter of dispute. One driver says one thing. Another driver says the opposite. A witness provides a third account. But while all this exciting conversation is taking place, someone is out on the road measuring skid marks, looking at tires and paint, evaluating road conditions, weather and lighting, gathering pieces of glass, looking for roadside camera footage and getting a solid understanding of the aftermath of the accident.
Scientific Principles
Weight, momentum, kinetics and basic physics do not change between accidents. Once the relevant information from an accident scene is gathered, it can be evaluated based on the events of hundreds or thousands of other accidents for patterns, general conclusions and clues as to the specifics of what exactly took place before, during and after the incident. The National Highway Traffic Safety Administration (NHTSA) established guidelines for these kinds of studies in 1985 and they are still in use today.
New Technology
The process of evaluating accident scenes is only getting easier with the introduction of new technology. Automobiles are being equipped with crash data recorders which are very similar to the aircraft equivalent. The data from these devices can be added to the evidence gathered at an accident scene to provide a better picture of what took place for investigators.
Protecting Your Rights
Despite the promise all this technology can provide, it is always good practice for any driver involved in an accident to consult a legal legal professional. There is nothing stopping any party to an accident from obtaining their own accident reconstructionist and getting their legal professional opinion on what actually happened. The combination of that kind of legal professionism and superior legal representation might be the difference between fault and exoneration, especially if a dispute emerges or if an aggressive insurance company takes the initiative in an attempt to avoid paying a claim.
Documenting The Results
If an Accident Reconstructionist is assigned to the scene of an incident, they will be producing a great deal of valuable material. Aside from written reports and data from their measurements, there is a high likelihood they will obtain photographic evidence, video and oftentimes something called a “Forensic Animation” which will be their best attempt at showing a third party the sequence of events in an accident. This animation can be compelling and potentially conclusive in a trial, so it is vital it be evaluated by any party with an interest in the outcome of the dispute. If there is a stark enough difference in accounts, occasionally it may be necessary for both parties (or multiple parties) to produce their own accounts, including animations.
Traffic accidents should always be handled with an exacting and orderly process. Legal representation is a must, and the services of a qualified Accident Reconstructionist might also be a key factor in obtaining a favorable outcome for all involved.
