Role of Accident Reconstruction in Lawsuits

Accident reconstructions performed by forensic experts can play a key role in determining fault. In Arizona, when a claim is made for losses from an accident, compensation is divided among accident victims based on percentage fault. 

To ensure they receive the amount they are due, victims should contact a car accident lawyer in Phoenix who uses multiple tools, including accident reconstruction, to build a strong case in their legal battle for the most compensation possible.

What Is Accident Reconstruction?

Accident reconstruction is a scientific process used by forensic experts to determine what happened during a crash. 

These experts leverage their expertise in physics, engineering, forensic science, and computer simulation to analyze evidence (e.g., skid marks, vehicle damage, video, police reports, witness statements, road conditions, etc.) to figure out the sequence of events that contributed to the accident. Their analysis presents critical factual insights in a way that anyone can understand, including those without a technical or scientific background.

Expert analysis ensures lawsuit decisions are based on unbiased facts and is especially important when there are conflicting reports about the circumstances surrounding the accident. In addition to determining liability, accident reconstruction provides scientific support for expert testimony, strengthens arguments used in settlement negotiations, and helps prevent insurance fraud.

Four Reasons You May Need Accident Reconstruction

Accidents are traumatic and chaotic. Even those directly involved in a crash can have trouble recalling what happened. This can make lawsuits and settlement negotiations, which rely on how well the evidence supports the victim’s version of the events, even more complicated.

Accident reconstruction is not necessary in all cases, but it can be invaluable for:

• Making complicated issues easier to understand
• Building a stronger case with a visual presentation
• Challenging false or misleading claims made by opposing sides
• Allowing courts and other parties make evidence-based decisions

Expert analysis is often essential when an accident resulted in a fatality or severe injuries. It may also be necessary when there are conflicting witness statements, a lack of video or other visual evidence, suspected mechanical failures, or when liability is being disputed.

Paying for an Accident Reconstruction

Every accident is different, and the cost of an accident reconstruction can vary tremendously. A qualified accident professional can charge $250 to $350 per hour for their services and require an upfront retainer. 

By some estimates, basic accident reconstructions cost between $2,500 and $7,500 in Arizona. Complicated cases with serious injuries and multiple vehicles often cost more than $10,000. If the expert has to testify during depositions or in court, they charge extra for their time.

Insurance companies for an at-fault party may hire an accident reconstructionist if liability is not clear, but they are also trying to protect themselves from higher settlement payments. On the other hand, a victim’s insurance company may hire an expert to strengthen its case.

Personal injury attorneys hire accident professionals to strengthen their clients’ claim for compensation. The cost of the accident reconstruction is deducted from the settlement award, if and when it is paid. If the attorney is unsuccessful, they may or may not be reimbursed depending on the terms of the contract signed with the client.

Police departments may hire an accident reconstructionist for serious accidents when they suspect a crime, such as vehicular manslaughter due to driving while under the influence of alcohol or drugs. These reports focus on criminal liability and may not be available for personal injury lawsuits.

Call Gage Mathers Today

An experienced personal injury attorney from Gage Mathers can review your case and answer any questions, such as whether siblings can sue for wrongful death in Arizona. We will give you an honest opinion about the strength of your case and if it needs to be strengthened with an accident reconstruction!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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