The Importance of Expert Witnesses in Car Accident Cases
By Ross Cellino
Recovering compensation for car accident damages from the at-fault party’s insurance company requires the victim to prove their liability. They must establish through evidence that the at-fault party owed them a duty of care and caused the accident and damages through breach of duty of care. By using expert witnesses in car accident cases, you can start to establish liability.
As an expert on different elements of motor vehicles and car accidents, expert witnesses can help explain difficult-to-understand topics and why the at-fault party could have caused the car accident.
Medical experts can also help to establish the cost of a car accident victim’s medical bills and long-term pain and suffering. An experienced car accident lawyer can use their industry connections to help find an expert witness to help prove the at-fault party’s liability.
Proving Negligence in a Car Accident Case
In a car accident case, recovering compensation requires the plaintiff to prove the at-fault party’s negligence. They must establish through evidence that the defendant caused the car accident through negligent behavior. Plaintiffs have the burden of proof to use evidence to establish the at-fault party’s liability.
Some negligent behaviors that can cause a car accident include distracted driving, speeding, and drunk driving. When someone exhibits negligent or reckless driving behavior, they breach the duty of care they owe to others on the road, which is the duty to follow road rules and drive safely to prevent car accidents.
Someone who files a car accident claim must collect evidence to prove the at-fault party’s negligence. Their evidence must establish they owed them a duty of care, caused a car accident through a breach of duty of care, and caused car accident damages.
What is an Expert Witness?
Car accident plaintiffs can prove negligence using tangible evidence, such as video evidence, photographs, or medical records. However, testimonies can also help to establish negligence. People may realize that eyewitnesses can testify to what they saw during the car accident.
However, car accident plaintiffs can also use testimonies from expert witnesses to help prove the at-fault party’s liability. An expert witness is anyone with knowledge or experience in a specific field that applies to a personal injury case.
They can use their specific knowledge to prove or disprove allegations or questions of facts of a case. Plaintiffs use expert witness testimonies to prove the at-fault party can have caused the accident through negligence and to establish the value of their medical bills.
What Kinds of Expert Witnesses Can Help With a Car Accident Case?
Healthcare professionals can serve as medical witnesses in car accident claims to review the car accident injuries. They can assess whether the injuries are serious, require the medical treatment the plaintiff received, and if the injuries can cause long-term pain and suffering.
A car accident reconstruction specialist can also use their specific car accident knowledge to recreate the car accident. They can establish, using the known facts of the case, how the car accident likely occurred and whether negligence played a factor.
Economists can also help to establish the value of the car accident claim. They can look at the plaintiff’s injuries and time off work to determine how the car accident affected them economically. An economist can help to prove what the cost of the victim’s car accident damages could be.
How an Expert Witness Helps Prove the At-Fault Party’s Liability
An expert witness is essential to proving the at-fault party’s liability in a car accident claim. If there is no definitive evidence, like video evidence of the car accident, the plaintiff needs a way to establish the at-fault party caused the car accident through negligent driving.
A car accident reconstructionist can use their technology to establish certain factors that contributed to the accident. These factors can include vehicle speeds, missed traffic control signals, vehicle momentum, stopping speeds, and locations during the collision.
They can show that a car was moving too fast or failed to account for a stop sign before the collision to prove the at-fault party’s liability. Expert witnesses who work with cars can also explain how a defective car part can cause a car accident should the plaintiff seek compensation from a manufacturer in a product liability case.
Expert Witnesses Can Help Establish the Value of Your Car Accident Damages
Expert witnesses can also help to establish the value of damages sustained by car accident victims. Medical experts and economists can use their extensive experience with other car accident victims to determine the cost of a car accident victim’s economic damages.
A mental health expert can also assess the effect the car accident had on the victim’s mental health. They can calculate the value of non-economic damages that affect someone’s quality of life.
The following are some car accident damages expert witnesses can help establish the value for:
- Medical bills
- Lost wages
- Lost earning potential
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
A Car Accident Lawyer Can Help You Find Effective Expert Witnesses
Hiring a car accident lawyer is an essential part of the car accident claim process, as you likely do not have the necessary car accident claim experience. Your inexperience could lead to a mistake that can affect your ability to recover fair compensation for damages.
An experienced car accident attorney can help determine the value of your damages, collect evidence, and negotiate a fair settlement. They can also use their connections to find expert witnesses who can assist with establishing the at-fault party’s liability.
Contact Cellino Law for Help With Your Car Accident Claim
The car accident lawyers at Cellino Law have decades of experience helping car accident victims across New York in places like Manhattan, Brooklyn, and Buffalo. They can use their connections established over years, helping car accident victims to serve as expert witnesses for your case.
Our car accident attorneys can collaborate with you to determine a personalized legal counsel plan to help you recover fair compensatory damages. Contact Cellino Law today for a free car accident consultation by calling us at (888) 888-8888 or leaving a message on our online contact page.
Content checked by the personal injury attorney Ross Cellino
Ross Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
