Auto Injury Cases – The Expert Witness
All personal injury cases involve issues of proof, liability, damages and evidence that require testimony and witnesses from both sides. There are going to be two sides to each story in cases around auto accidents and other personal injury claims, and having an expert witness is the best way to prove that the other party was at fault when neither party will claim negligence. In cases of serious injury claims, multiple expert witnesses may be used.
An expert witness is one that has scientific, technical or other specialized knowledge that can assist a jury in understanding the evidence to help them determine the case that is in dispute. A personal injury lawyer will depend on an expert witness testimony to strengthen arguments from their side, educate judges and jurors about issues that are being contested in the trial, frame litigation strategies and other purposes.
In auto injury cases, (car, motorcycle, boat, train, etc.), the expert witness is usually the accident reconstruction expert. This expert will use specific engineering principles to reconstruct how the accident happened and gives their opinion on what the likely cause of the accident was. Because they weren’t physically there to witness the accident, they are trained to use all of the evidence that is available to them to create a reconstruction. This evidence will include the size and weight of the vehicles involved, the tires on each vehicle, the road surface that the cars were traveling on, the nature an extent of the damage, weather conditions at the time of the accident, photos taken at the scene by either the drivers or authorities, and any other evidence that is admissible for their research into the cause and determining who is at fault.
Sometimes driver have a difficult time remembering the exact facts and exactly what took place in the event of an auto accident. A qualified expert can provide a jury with concrete evidence of what a driver could have (or should have) perceived in the moments directly prior to an accident given the information about weather and road conditions, physical/mental state of the driver, etc.
Other expert witnesses are also used in serious injury cases to testify on topics that are unrelated to how the accident took place. This can include a life care expert that will assist a jury in evaluating the injuries that occurred and what the person’s future medical costs will be, and what kind of medical care they will need to continue to function at the best level possible.
An economic loss expert may be called in to the case to help calculate how much dollar loss will result from the injury if a person has lost their job and/or the ability to work at all in the future.
In most cases, the aid of an expert witness is required for the jury to evaluate issues that have caused permanent damage to a person involved in the accident. If the personal injury attorney fails to call an expert to testify, the jury will likely not be permitted to decide on any of these issues and the plaintiff will likely not be able to recover any compensation for any permanent injury. The more complex the case is, the more experts are likely to be called.
All of personal injury or auto injury cases are evaluated differently on a case-by-case basis. If you have found yourself involved or injured in an auto accident, the most important thing you can do right away is retain an experienced Tucson auto injury attorney at Thrush Law Group. We will meet with you and explain all of your options to fight and protect your rights and freedom.
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