Truck accident claims typically can be settled without a trial to determine who was at fault and should pay for the damages. But sometimes additional resources, such as expert testimony from an accident reconstructionist, are needed to get to that settlement or if necessary, for use in court.
Because of the size and weight of commercial vehicles, accidents involving them can be very serious. Even at slow speeds, the force of impact usually means greater chance of injuries and deaths. Multiple vehicles may be involved as well, and the issues of liability can be complicated. By hiring the experienced truck accident attorneys at Begum Law Group, we can help uncover the evidence you need to receive compensation for your damages from a truck accident.
The Necessity of Finding Fault
Under Texas law, to prevail on a claim that a truck driver’s conduct was negligent and caused your injuries, four elements must be proved:
- The truck driver owed a duty of care
- The truck driver’s conduct breached that duty
- You suffered injuries that are compensable by law
- The truck driver’s conduct caused your injuries
The issue of fault arises first under the second element, whether the conduct of the truck driver “breached” the duty of care. In other words, did the driver do something that he knew or should have known would not uphold a duty to safely operate the vehicle by following rules and regulations.
Sometimes it is easy to prove a breach of the duty of care. For example, a truck driver is found to be under the influence of drugs or alcohol and witnesses saw the vehicle cross the yellow line and slam into your vehicle. But fault in some accidents can be less obvious because of a lack of witnesses, inconclusive police reports, and extensive vehicle damage. If that sounds like your circumstances, that is when you must rely on truck accident counsel to help find evidence to support your claim.
If fault is at issue in your accident, one avenue to pursue is accident reconstruction. Our attorneys know experts in accident reconstruction and can advise if your case would be strengthened by using one.
The Role of Accident Reconstruction
Accident reconstructionists, typically engineers, are experts that investigate and analyze accidents to determine fault. The testimony of these experts can be crucial to prove who was at fault in your truck accident.
If a reconstruction expert is hired for your case, an in-depth investigation will be conducted. The expert may do this by:
- Examining the scene of the accident
- Studying any photos taken at the scene taken right after the crash, which include vehicle placement and the damage to all vehicles impacted
- Reviewing video that might be available from security or traffic cameras in the area
- Reading witness statements
- Examining the wreckage if possible
- Using a computer program to re-create the accident through simulation
An accident reconstruction expert may not need to do each of these things depending on the circumstances. But these methods are often part of how an expert in this area helps find who is at fault in a truck accident. Without finding fault, a negligence claim cannot be proven.
Do You Need an Accident Reconstructionist?
If you are recovering from a truck accident or grieving from the loss of a family member in one, the last thing you need to worry about is figuring out how to prove the other driver was at fault. The Begum Law Group truck accident lawyers will review your accident, investigate the facts, and help you decide if accident reconstruction is needed to support your claim. If an expert is needed, we know the best in the business.
For accidents that might need an accident reconstructionist, you don’t want to delay. Evidence could be lost if you wait. Contact The Texas Law Giant (866) 523-4167 to discuss whether your case needs an expert of this kind and how we can help you recover the compensation you deserve.