In some car accident cases, experts can be hired to explain what happened in the crash. Although they didn’t witness it, they can use various scientific techniques and arguments, as well as computer models, to “reconstruct” the accident.
Many “accident reconstruction” techniques stem from common-sense observations about how collisions happen, and how the physics, materials science, and even chemistry of the crash happens. Modern cars also may have electronic recorders on board that can be retrieved to analyze things like speed, brake status, and other events that happened during the time of the crash. Some technology can also be used to produce computer models through user inputs and complex calculations.
Call our car accident lawyers at Wruck Paupore today for a free case evaluation at (219) 322-1166.
To do accident reconstruction at any level requires looking at the accident scene, the vehicles, the damage, and the other factors available to make determinations about what happened. There are several features of note that, even without specialized technology, can help you make inferences about how the accident happened.
With measurements and specialized technology, this can produce even stronger results.
If there are skid marks, it means the driver hit the brakes (or the car activated the brakes automatically) to try to stop. If there are no skid marks, it indicates the driver potentially did not try to hit the brakes at all.
When a driver does not react to the crash and try to hit the brakes, it can show that they were not paying attention, that they were drunk, or that they were asleep. You need additional evidence, though, to make more specific conclusions.
Where the vehicles are damaged shows, generally, where they collided. For example, if one car’s front end is crumpled and the other’s rear end is crumpled, it was likely one car rear-ending the other.
These basic assumptions are not rocket science, but experts can make more advanced analysis of the materials, the compression, and known factors about speed to make surprising conclusions about the crash.
When two cars strike each other, the surface of one car gouges into the other, and they often “trade paint.” This means that each car’s paint ends up on the other car.
Samples of this paint can be collected and analyzed to match them to the other car, or potentially match the vehicle to a suspect in a hit and run. The length and shape of the area of “traded paint” can also help with conclusions about the vehicles’ relative speeds and angle of impact.
Many cars have electronic “event data recorders” (EDRs), a.k.a., “black boxes,” that capture data about the vehicle when “events” (i.e., crashes or other quick or sudden accelerations/decelerations) occur. Even if you did not install one, your car might have one of these from the manufacturer. Commercial trucks are often required to have more robust EDRs.
These devices can often give information such as
A lot of this data allows the accident reconstruction experts to input the data into a computer model and help recreate the crash.
Much of the data is recorded in data points that can be put on a graph. For example, a graph of speed over time can show the vehicle’s speed at various time points, then produce a graph showing how the speed changed as the car hit the other car and came to a stop.
Some data is essentially a yes or no status readout, such as data about whether or not the seatbelt was engaged.
Converting this data into usable graphs and figures, or even computer-generated models of the crash that we can show a jury, is where an accident reconstruction expert’s skills really shine.
Accident reconstruction experts are their own kind of experts. They often take courses and education in physics, materials science, engineering, and chemistry that pertain directly to crashes, so their expertise is deeply focused on understanding and recreating vehicle collisions.
One of the biggest accreditors for these experts in the U.S. is ACTAR – the Accreditation Commission for Traffic Accident Reconstruction.
These experts are often hired by lawyers to go over the facts and evidence in a case and make claims about the crash.
When experts are used in court cases, the expert is generally assumed to be siding with the side that hired them. Because of this, the other side is usually allowed time to have an expert of their own review the findings before trial.
Courts rarely hire experts on their own, but it is possible in some cases.
Generally, no. There is a lot more testing and repetition that goes into creating something like a computer model of the crash that reasonably matches the data at hand.
Models can take in raw data, such as the EDR data from both vehicles, but this often still needs additional information from people who observed the accident scene. We do not have anything close to technology that can scan the vehicles and accident scene to “recreate” the crash in a digital model.
In fact, in many cases, the accident reconstruction experts are there to give opinions such as whether the other driver was speeding, rather than create computer reconstructions of the crash – though this is often helpful for a jury.
Accident reconstruction experts are not used in most cases. Our Bloomington, IN car accident lawyers will review your case and determine what evidence is needed to bring your claim. Often, there is enough evidence between your testimony, witness testimony, and the damage itself to show how the crash happened.
Accident reconstruction is especially helpful when confusing outcomes or strange results happened, and we need experts to sit down and figure out what happened. They are also helpful if you were knocked out and cannot remember what happened, or when multiple cars were involved, and it is hard to determine who initially started the crash.
For your free case evaluation, call our Fort Wayne, IN car accident lawyers at Wruck Paupore at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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