How Can Accident Reconstruction Prove Negligence in Lawsuits?

reconstructing the accident scene If you were seriously injured in a crash, you may be able to file a lawsuit to seek full compensation for your damages.

Establishing what really happened during the accident is of utmost importance. When the involved parties do not have all the information needed to assess fault, they may turn to an accident reconstructionist. These specialists are trained to investigate the scene and help prove negligence.

Our legal team further discusses how accident reconstruction is often an invaluable tool to car accident cases. If you have a valid case, we are prepared to file a lawsuit, appear at court hearings and perform other proceedings on your behalf. Our initial consultations are free and completely confidential.

Call (866) 320-4770 to learn about your rights.

What is Accident Reconstruction?

Accident reconstruction is the process of investigating, analyzing and drawing conclusions based on the evidence surrounding a crash. The conclusions can be used to determine who or what caused the accident.

This process also involves examining debris, marks on the road, the conditions of each driver, weather, road conditions, visibility and any other relevant factors. Vehicles are thoroughly inspected to determine the damage done, the resting place of the vehicles and to rule out faulty parts, such as a tire or brake.

Qualified accident reconstructionists may be members of organizations such as:

  • Canadian Association of Technical Accident Investigators and Reconstructionists (CATAIR)
  • Canadian Association of Road Safety Professionals (CARSP/ACPSER)

The Ontario Provincial Police (OPP) Technical Traffic Collision Investigation and Reconstruction team conducts physical tests and uses 3D scans of accidents to improve analyses and help draw conclusions.

Accident reconstructionists are often called in as expert witnesses to testify and present compelling evidence in a case. These specialists generally have training in science, engineering or law enforcement.

When Accident Reconstruction May Be Used

Certain situations in which it might be beneficial to use an accident reconstructionist include when:

  • Fault is not immediately clear
  • Parties cannot remember some or all events of the crash
  • There were no witnesses to the accident
  • Any witnesses were involved somehow in the crash
  • There are conflicting details about the cause of the accident
  • Parties are pointing the blame at one another
  • Serious injuries were sustained and require hospitalization
  • Vehicles involved were significantly damaged beyond repair

How an Accident Reconstructionist Can Help

In order to seek compensation in a lawsuit, you and your lawyer must be able to prove that the other party acted negligently and this negligence caused or contributed to the accident and your damages. 

An accident reconstructionist can help determine the likely cause of the crash. Depending on the facts of a case, the evidence provided by this specialist may assist in understanding the damages you suffered.

Investigating the Scene

During the investigation process, an accident reconstructionist is able to do the following:

  • Evaluate the scene of the accident
  • Examine all vehicles in the crash
  • Determine speed and movement of vehicles
  • Put together a reenactment of the crash
  • Inspect and photograph other objects involved
  • Collect traffic videos of the accident
  • Review environmental conditions at the time of the crash
  • Inspect the road surface or positioning of road signs

This specialist may also consider other relevant details, such as the police report, driver and witness statements, and any safety recalls on the vehicles involved.

Analyzing the Data

After investigating the scene and collecting evidence, an accident reconstructionist is then able to analyze and interpret the data. His or her analysis may involve: 

  • Determining if any actions taken by either party could have prevented the crash or minimized the severity of the injuries caused by the crash
  • Applying the law of physics to explain how the parties moved during the crash
  • Identifying driver errors that may have contributed to the accident, such as excessive speeding
  • Creating models or computer simulations of the accident
  • Finalizing the investigation, analysis and conclusions in a written report to use in court if needed

Should fault be disputed, having a lawyer by your side who has experience working with an accident reconstructionist may be helpful to your case.

Insurance companies often do not agree on who caused the crash. The other party and his or her representation may attempt to shift blame and say that you were the one acting negligently when the crash happened. You do not want to be assigned more fault, if any, for the crash. Our firm knows the evidence and resources needed to have a successful outcome.

Schedule a Free Consultation to Learn More

If you have been seriously injured in an accident due to a negligent driver, it is in your best interest to consult with a licenced vehicle crash lawyer in Windsor today. We are here to answer your questions and discuss your eligibility for compensation during a zero-cost, zero-obligation consultation.

Experienced. Local. Lawyers. Ph: (866) 320-4770