What Is Accident Reconstruction and When Is It Used in Maryland?
It can be hard to tell exactly who is at fault in an accident. However, the science of accident reconstruction can help get to the bottom of things. During accident reconstruction, experts use information about the crash to predict what happened before and during the crash.
This article explains what accident reconstruction is and how it can be used to help your Maryland personal injury case. It also explains how a Laurel car accident attorney can help.
What Is Accident Reconstruction?
Accident reconstruction is a science dedicated to determining the factors that cause car accidents. Accident reconstruction generally proceeds in three phases: investigation, analysis, and presentation.
During the investigation, experts collect important evidence from the vehicles and the accident scene. For example, reconstructionists take note of damage to crumple zones and other vehicle areas. Other important pieces of evidence in the investigation might include:
- Tire marks
- Road debris
- Vehicle positions
- Event Data Recorder (EDR) information (the car’s “black box” that records data such as speed and braking events)
- GPS data
- Video content from dashcams, traffic cameras, surveillance/security cameras, and other sources
- Cell phone data
- Weather conditions
- Roadway characteristics (e.g., the slope/grade of the road and the presence and timing of any traffic signals)
In the analysis phase, the team takes the information that it received during the investigation and converts it into usable data. Then, using principles from fields such as physics and geometry, the experts estimate key factors such as vehicle speed and position before the crash.
The final step is presentation. Most experts provide their findings in writing, but experts might also testify before or during trial. In complex cases, attorneys may even ask experts to create 3-D models, video, or animation of the accident to help jurors and others better understand the crash.
How Can Accident Reconstruction Help My Maryland Car Accident Claim?
Accident reconstruction provides a clearer picture of how the accident happened. This helps lawyers build a case.
To win a personal injury claim after a car accident, you’ll have to prove that the other driver was negligent. Negligence is a legal term that applies when:
- A person had a duty to behave in a certain way;
- They did not fulfill that duty;
- Another person was injured; and
- The injuries can be directly connected to the failure to perform the duty.
A person who successfully proves negligence will be eligible to receive damages for accident-related costs such as medical bills, lost wages, and pain and suffering.
The law requires everyone to stop at a red light, so this is a duty. Someone who runs a red light has violated that duty. While this seems pretty clear, things can get tricky when determining how the injury was caused or who caused the accident. This is particularly true if the other driver claims that the injured person was also negligent. For instance, if Driver A ran the red light but claims that Driver B could have avoided the crash if they hadn’t been texting, accident reconstruction can help explain how the accident happened, and therefore, who caused it.
This is particularly important in Maryland. Our state’s harsh contributory negligence rule says that anyone who is partly responsible – even just one percent responsible – for causing the accident that injured them cannot receive damages. Accident reconstruction can help you and your Laurel accident attorney get ahead of these arguments.
Frequently Asked Questions About Accident Reconstruction
- Is a police report the same as accident reconstruction?
No. Police reports provide basic information such as the time and location of the crash, but accident reconstruction digs deeper into the how and why.
- Who pays for an accident reconstruction expert?
Generally, the party that requests the report pays for it. So, if your attorney determines that an accident reconstruction expert would be helpful in your case, the cost of this and any other experts would come out of any damages you receive in a settlement or verdict.
- Can accident reconstruction help after a hit-and-run accident?
Certainly. After a hit-and-run accident, accident reconstruction experts can use their tools to help show speed, direction of impact, the type of vehicle involved, and more.
- Can accident reconstruction help in pedestrian or bicycle accidents?
Yes. While accident reconstruction is most often used in accidents involving cars, tractor-trailers, and other vehicles, it can also be used in pedestrian and bicycle accidents to show visibility, right of way, stopping distance, and more.
How Can a Laurel Car Accident Lawyer Use Accident Reconstruction to Help You After a Crash?
An experienced Laurel car accident attorney can help you decide whether accident reconstruction could be useful in your case. If it could be, they can help you locate a qualified expert. They can also help you deal with insurance companies and build a strong case.
If you’ve been injured in Maryland and need legal representation, contact the Law Offices of Thomas E. Pyles. Our team has the experience to get you the compensation you deserve. Call 301-705-5006 or use our online contact form to schedule a free, no-obligation consultation.