If you’ve been in a car accident, you may be trying to learn all you can about insurance claims and lawsuits. Of course, knowing what caused the accident to happen is extremely important. Unfortunately, there may be missing pieces of information that can make it unclear who is at fault for the accident.
When the parties don’t have all of the information that they need to determine car accident fault, they may turn to accident reconstruction specialists. These experts are specially trained to investigate and determine fault for accidents. If you need to prove fault for your car accident case, having a reconstruction specialist on your side can be crucial to winning the case. Our Tampa car accident attorneys explain how an accident reconstruction specialist can help your case.
Accident reconstruction experts look at various sources and factors to determine how an accident occurred. They are specifically trained to examine all of the factors that may be relevant to a crash, such as speed, damages and injuries. Then, they analyze the information that they have to determine the cause or causes of the accident. Accident reconstruction experts provide this information to the police, the involved parties and the courts as part of various legal proceedings.
Accident reconstruction is vital to determine what caused an accident. It is an evidence-based process that can provide answers to questions about the events leading up to the crash. Knowing the cause of an accident is extremely important to achieve justice for all of the parties. Suppose the fault is not immediately apparent upon a cursory investigation of the accident scene. In that case, accident reconstruction is essential in order to know the details and causes of an auto accident.
Here are some of the factors that an accident reconstructionist considers when analyzing a car accident:
The various factors don’t necessarily carry equal weight. Some elements might be essential, while others are less important. It’s the job of a specialist to know what might be relevant and weigh all of the factors to arrive at the right conclusion.
There are several circumstances in which it might be beneficial to use an accident reconstructionist, including:
An accident reconstructionist is a specialist. Not just anyone can walk into court and begin offering technical information and analysis about an accident. Instead, the accident reconstruction specialist must meet legal qualification standards.
In Florida, an accident reconstruction specialist should be prepared to meet the qualifications of an expert witness. The standards to be an expert are found in the Florida Rules of Civil Procedure Rule 1.390. The person who uses the expert must show that this person has specialized knowledge. They may demonstrate their qualifications by having a professional degree, specialized training, or practical experience. They must show that they have exceptional knowledge to help the jury understand complex or technical information they need to resolve.
Accident reconstructionists typically have significant training in their work. Many experts who work privately are former law enforcement officers. They attend training institutes and receive certifications to perform their job. Their training is crucial because it’s necessary to demonstrate to the court that the witness is qualified to testify to the issues present in the case.
Florida law 90.704 pertains to expert witnesses, including accident reconstruction specialists. The law states that the expert may rely on facts or data not necessarily admissible in the trial as long as the facts are reasonable. Usually, the jury doesn’t get to hear about evidence that is inadmissible per the rules of evidence. However, the court can choose to admit the facts if they think it’s necessary to help the jury weigh the credibility of the testimony.
Another issue in accident reconstruction in Florida law is ensuring that the court uses the right legal standard to evaluate the expert testimony. The person who wants to use the expert witness has to present evidence that the expert meets the criteria to testify. Florida uses a standard for admitting expert testimony called the Daubert standard. This is a somewhat recent change from using the more lenient Frye standard.
There have been significant changes and developments in standards for expert witnesses in Florida in recent years. Your car accident attorney needs to understand the current standard and keep up to date on any changes. In addition, they must make sure to ask the court to apply the appropriate standard.
Do you have questions about how an accident reconstruction expert might help your case? Our Tampa personal injury attorneys work with a network of experts, including accident reconstruction specialists. We can help you find the right professional for you as part of our comprehensive legal representation designed to advocate for your rights and interests. There’s no obligation, and your initial consultation is always free. Call us today at (813) 333-6666 to get started.