Accident Reconstruction Is Critical for Proving Negligence in a Truck Accident Case
Large truck crashes are distinct from other collisions that only involve regular passenger vehicles. Due to their size and weight, crashes involving trucks are often far more destructive and deadly, but there are differences in the legal aspects of truck crashes as well.
If you or a loved one has been in a truck crash and are considering pursuing a personal injury claim, it’s important to understand that truck crash cases often involve additional investigation, more than one negligent party, and higher damages. These differences are why working with an experienced trucking attorney is critical for achieving success in your truck wreck case.
Due to the complex nature of some truck crashes, proving negligence or fault can be difficult and sometimes requires reconstructing the crash to prove that the truck driver was responsible. In this article, we’ll explain the importance of proving negligence in your personal injury claim and how accident reconstruction can help.
The Importance of Proving Negligence for Your Claim
The determination of negligence is crucial to having a strong personal injury claim. A personal injury is an injury you suffered as a result of someone else’s accidental or intentional actions. As such, proving that someone is responsible for your injuries is the main aspect of your personal injury claim.
There are three elements that you must be able to prove to establish negligence in a truck case. All three involve the at-fault party’s “duty of care” — their legal responsibility to act in such a way that they do not cause injury to others. Negligence depends on proving that:
- You were owed a duty of care
- That duty of care was breached
- The breach caused you injury or loss
Sometimes proving that the truck driver breached their duty of care is as simple as interviewing witnesses or checking video footage. But when you don’t have enough evidence or when you have an especially complicated crash scene, accident reconstruction comes into play.
What Is Accident Reconstruction?
Accident reconstruction is the process of investigating and analyzing evidence from a crash to determine the causes and who was at fault. This process is especially useful if there is a lack of evidence, more than one negligent party, or conflicting stories and witness testimonies.
Accident reconstruction experts typically have backgrounds in forensics, science, engineering, or even specialized law enforcement programs. They use this training to reconstruct crime scenes as part of your claim’s investigative stage.
How Accident Reconstruction Works
Accident reconstruction experts use the information they gather to create simulations and models that demonstrate and recreate what happened in a crash. This process may include:
- Visiting the scene
- Interviewing witnesses
- Calculating vehicle speeds and movements
- Evaluating human error and environmental factors
Once the experts have analyzed and accurately reconstructed the crash, they will present a brief of their findings or testify in court to help prove negligence. Your attorney may also include the reconstruction information in the demand letter sent during the settlement negotiation. Expert testimony from a specialist can be essential in settlement negotiations.
Do I Need an Accident Reconstruction Expert?
Working with a dedicated trucking attorney is crucial if you are filing a claim for a truck crash. Your attorney will conduct their own investigation and determine whether hiring an outside accident reconstruction expert is necessary to strengthen your case further and prove negligence.
RELATED ARTICLE: 4 Reasons to Choose a Dedicated Trucking Attorney
Seattle Truck Law’s Attorneys Are Dedicated to Helping Clients Get the Compensation They Deserve
At Seattle Truck Law, our attorneys have decades of experience handling truck wreck cases and working with accident reconstruction experts to determine negligence. If you or a loved one has been in a truck crash, please contact Seattle Truck Law for your free consultation today.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.