Evidence Used in Auto Accident Lawsuits
Whether filing an insurance claim or a personal injury case, proving liability after a car accident can be contingent on the type of evidence an injured party uses to document injuries and demand damages. Two common types of evidence used in many auto accident cases are evidence collected at the scene and evidence of the aftermath or subsequent damages.1
Evidence from the scene of the accident may include police reports, photographs, contact information, or notes about the surroundings such as weather condition or road disrepair.2
Evidence about damages is often related to the losses sustained during the recovery process such as medical bills including prescription costs, vehicle repair costs, car rental bills, work statements showing work absence, or any medical records indicating diagnosis and treatment of injuries.3 Another important source of evidence used in auto accident lawsuits is expert testimony.
Types of Experts
Not every lawsuit warrants the use of an expert, but in cases where injuries are complex or extensive, multiple liable parties, or questions of liability, an expert can help analyze the complicated matters and offer an opinion as to explain the evidence or circumstances.
Some of the common types of auto accident experts include medical professionals, economists, accident scene re-constructionists, rehabilitation specialists, and engineering professionals.
The Tactics Behind Providing Expert Testimony in a Car Accident Case
Each expert’s overall goal is to explain how their area of knowledge can show the accuracy of the injured party’s claims regardless of the defendant’s arguments. A medical expert may be used in any case where physical, emotional, or mental injuries were sustained.
In some cases, the initial doctor, any surgeons, therapists, or home care nurses involved in the diagnosis or treatment phase may testify as to how a collision can cause the injury, what kind of injury was caused, how serious the injury is, what complications arose in treating the injury, what pain and suffering has occurred, and what future impact on life is expected such as arising in cases involving a permanent disability or disfigurement.
In other cases, the first hurdle is to prove liability which is where an accident re-constructionist or an engineer may be beneficial.4
The re-constructionist typically utilizing principles of physics to study the final resting positions of vehicles, location of damage to all vehicles involved, and accident scene evidence such as photos of debris or road conditions in order to provide a coherent explanation as to what driver behaviors or causal factors likely produced the resulting accident.5
After a Car Accident: Contact an Attorney for a Free Consultation
If you have suffered a loss or harm after a car accident, it is important to discuss the circumstances of your injury with an experienced attorney who can help to protect your legal rights and interests through hiring the appropriate experts. To contact a car accident expert attorney for a free consultation, please call The Bruning Law Firm at 314-735-8100.
Resources:
- http://www.alllaw.com/articles/nolo/auto-accident/evidence-car-accident-case.html
- http://www.jda-inc.com/faq.htm
