What is an ‘Accident Reconstruction’?
An accident reconstruction is a scientific approach to solving the questions of how and why an accident occurred. This approach is performed by experts trained in the field of traffic accident reconstruction. Reconstructing accidents requires a methodology that begins with known data such as vehicle final rest positions, accident scene evidence and vehicle damage. By working with this data in reverse, beginning with the known evidence of final rest positions along with information relevant to the collision, the Reconstructionist can resolve issues such as speeds, collision severity, visibility, driver behavior and other causal factors. An accident reconstruction is the culmination of the scientific analysis of the data gathering process formulated into a concise and coherent report which is backed by expert testimony.
Do I need an accident reconstruction?
If your case needs answers to issues relating to vehicle speed, avoidability, sight distance, collision severity or code violations, then yes, you should retain an accident reconstruction expert. Even minor impacts and collision events may require expertise that would otherwise be left up to general nonscientific interpretation. Please review the comparative negligence law information below; this may be a very crucial part of a civil case.
Conducting a complete investigation is extremely important. Make sure your attorney collects all witness statements, police reports, medical reports and anything else related to your accident. If you choose to hire an accident reconstruction expert, make sure he/she is also provided with all of this documentation. The other party’s insurance company will collect all sorts of information that may be used against you. You could be at a serious disadvantage if an investigation is not conducted to collect evidence to support your claim.
Who does Traffic Accident Solutions work for?
We are usually retained by attorneys, insurance companies, fleet/safety managers and local/state law enforcement departments. Our business depends solely on the merits of the case which enables us to maintain an objective expert/client relationship.
How much does an accident reconstruction cost?
The cost is dependent on the information reviewed and the scope of the project. For example; if we need to review many depositions that are relative to a multi-vehicle accident reconstruction, the final cost will likely be much higher than say, a project requiring a speed loss from tire marks analysis. Our fees are based only on the amount of time we spend in performing the assignment and are never contingent upon the outcome of the case. If we develop unfavorable preliminary findings for the client, we discuss our preliminary findings with our client so as to minimize unnecessary expenses.
What does Traffic Accident Solutions need to reconstruct an accident?
Of course, we would like to respond to every accident scene that we are asked to reconstruct. But, this request is not always possible so we must rely on information such as the police investigation reports, scene photographs, witness statements, depositions and vehicle damage photographs. The quality of information received is directly related to the quality of our analysis. Whenever possible, every attempt should be made to find the accident vehicles and authorize us to travel to the site of the accident. The more hands-on evaluations and inspections we can perform the more accurate our analysis will be.
What are the qualifications for an Accident Reconstructionist?
When selecting a reconstruction specialist, the experience, training, education, and certifications of the candidate should be thoroughly examined. The best approach is to require the candidate to have a strong background in a combination of accident investigation, the laws of physics, and law enforcement experience.
The following is a general list of qualifiers:
How many years of on-scene traffic accident investigation experience?
How many on-scene traffic accidents investigated?
How much specific traffic accident education and training have they received?
- University of North Florida (IPTM)
- Northwestern University (Traffic Institute)
- Texas A&M (TEEX)
How many times has testimony been given/accepted in court?
What certifications have been attained?
- A.C.T.A.R. (Accreditation Commission for Traffic Accident Reconstruction)
- State issued certifications
What issues can a traffic accident reconstructionist address?
There are many areas we can analyze. Vehicle speed is the most common issue and there are several methods, including speed from skid marks, conservation of energy, crush damage, and conservation of linear momentum that can be applied. There can be questions of collision avoidance or the ability of a driver to see a hazard. Most accident cases require that several issues be analyzed and correlated so an overall picture of the situation can be presented.
Why is having your accident reviewed important?
For criminal charges, the obvious reason is to be found not guilty at a trial. For the civil side of the issue, an accident analysis is for many reasons, but realistically mostly comes down to money. An insurance company or other involved party is going to try to minimize the liability in order to avoid paying higher amounts based on the comparative negligence law. Illinois, along with many other states, recognizes the comparative negligence laws, which essentially assigns percentages of liability to at fault parties. So if the other party is found 90% liable versus 60% liable on a $50,000+ civil suit, this can make a large difference compared to the fees paid for an accident reconstruction of a case. If it is determined the insured is less than 50% liable, the insurance company may not offer any payout for damages, injuries or losses and that is completely legal under this law; read below.
What Is Comparative Negligence?
Comparative negligence laws dictate how the responsibility for an accident will be shared between the parties directly involved in an accident where bodily injury or property damage was suffered. In these cases, there are two parties involved, referred to as the insured (1st party) and the claimant (3rd party). When both parties contributed to the accident, comparative negligence determines who will receive compensation for losses and how much will be received. Suppose Jane is speeding down the street and Dick makes a left-hand turn in front of Jane, striking her car. Both drivers contributed to this accident and the insurance company, applying comparative negligence laws, will make the determination of liability for damages.
Illinois has adopted modified comparative negligence (735 ILCS 5/2-1116) as the standard for recovery of damages. Under modified comparative negligence, an injured party may recover damages only if he/she is less than 50% at fault for the injury or damages. However, the recovered amount may be reduced in proportion to the degree that the injured party was at fault. For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver’s insurance company might only offer to pay for 80% of your damages.
How Is Comparative Negligence Resolved?
The insurance company will make the injured party an offer based on what it believes to be the amount of negligence of its insured. The insurance company may interview the involved parties, including witnesses, and it may also review the accident report in order to determine the amount of the offer. An insurance company may believe that its insured was not more than 50% or more at fault for an accident and may not offer to pay any damages for the loss. The injured party may negotiate with the insurance company until a settlement is reached or until the two parties reach an impasse. If a settlement cannot be reached, the courts make the final determination of comparative negligence.
What Should I Do If I Do Not Agree With The Insurance Company?
You may file a complaint with the Department of Insurance. The Department will contact the insurance company involved and ask for a review of the determination. However, the Division cannot make a determination of comparative negligence. The comparative negligence law is a civil law and is enforceable through the courts.
For more information, call the Illinois Department of Insurance Consumer Assistance Hotline toll free at (866) 445-5364 or visit their website at http://insurance.illinois.gov.
What is Gross Negligence compared to Negligence?
Gross negligence in a civil injury case implies the defendant was not simply careless, but reckless.
Most people are familiar with the concept of negligence – a person or business disregards ordinary standards of care and as a result of this breach of duty, someone is injured. Typically, we associate traffic accidents as negligence. The person who is negligent does not necessarily have an evil intent or intends to harm; it is the result of carelessness.
Gross negligence is an “amplification” of this behavior and it goes beyond carelessness to include reckless, unreasonable or willful misconduct by a person. It is behavior that shocks the conscience.
Negligence v. Gross Negligence Example:
Negligence – Bob is driving his car on the roadway adjacent to a bicycle lane. Bob fails to reduce the speed of the vehicle quick enough as a bicyclists nears the roadway in an attempt to cross at a crossing. Bob’s vehicle hits the bicyclist and she suffers a painful injury. Bob immediately stops and telephones the fire department for treatment.
Gross Negligence – Same facts as above except that Bob was violating the law by being on, and holding, his cell phone while driving. Bob never made an attempt to stop and the distraction of the cell phone delayed his reaction time. In other words, gross negligence is a total disregard for the obligation to exercise due care and that leads to personal injury or property damage. Proving gross negligence may ratchet up the damages to be paid (compensatory) and may even include punitive damages.
What are Punitive Damages?
Punitive damages are meant to punish and to deter other people from acting in the same dangerous manner. They’re not technically meant to compensate the plaintiff for a specific loss, although the plaintiff is the one who ends up receiving punitive damages from the defendant.
So, when will punitive damages be possible? In many states, a finding of punitive damages requires intentional misconduct or gross negligence.
For example, suppose Jane, a bicyclist, was injured in a car accident where the driver (Bob) was at fault. Jane can recover damages for permanent lost mobility in her arm, for missing two months of work, and for her medical expenses. Jane’s damages would be awarded based on the money she lost as a result of Bob’s actions, and based on the negative impact the accident has had on her life.
There must be a reasonable basis for an injured person to seek punitive damages in a personal injury lawsuit. Where there is limited or no evidence of intentional misconduct or gross negligence, a court can levy monetary sanctions on the injured person and his or her attorney for seeking punitive damages. An accident reconstructionist may be extremely beneficial in assisting in the determination of gross negligence in a motor vehicle accident court case.