How Accident Reconstruction Is Used to Win Georgia Fatal Car Accident Cases 

Key Points:

• Accident reconstruction experts are often used in Georgia court cases to prove how and why a fatal crash happened.
• Accident reconstruction uses scientific analysis and technology to determine how and why an accident occurred.
• Advanced tools like 3D modeling and drones enhance the accuracy of accident reconstructions.
• In fatal car crash cases, accident reconstruction helps establish liability and influence legal outcomes.

Tables of Contents

What is Accident Reconstruction? 

Accident reconstruction is a scientific process used to analyze the factors and events leading up to, during, and following a car accident. In other words, accident reconstruction is used to determine how and why an accident happened. To make this determination, accident reconstruction experts collect and analyze physical evidence from the crash site, such as skid marks, vehicle damage, and road conditions. Experts use this data, along with witness statements, police reports, and other evidence, to create a detailed picture of the accident. They often employ physics, mathematical formulas, and specialized computer software simulations to understand the vehicles’ movements and impact forces.  

Technology plays a crucial role in modern accident reconstruction. Experts often use advanced software for simulation and 3D modeling, drones for aerial photography of the accident scene, and laser scanning for precise measurements. These technological tools enhance the accuracy and reliability of the reconstruction analysis. 

Accident reconstruction can often infer driver behavior prior to the crash by analyzing factors such as vehicle speed, braking patterns, and steering inputs. This analysis can provide insights into whether a driver was distracted, speeding, or engaged in other risky behaviors leading up to the accident. 

A reconstruction can also show when factors, such as speeding, dangerous road conditions, visibility issues, or running a stop sign or light, contributed to the accident. The findings are then documented in detailed reports along with visual demonstrations that can be shown to a jury.

Why is Accident Reconstruction Important in Fatal Car Crash Cases? 

Though accident reconstruction can be helpful in most car accident cases, it plays an especially pivotal role in uncovering the truth in fatal crashes. The reason is simple: the deceased driver cannot be interviewed or provide any information about what happened, and the other driver involved in the accident and/or witnesses to it may not provide an accurate or truthful account. If the driver who caused the accident denies responsibility, their insurance company is more likely to deny a wrongful death claim filed by the victim’s family.  

However, because an accident reconstruction expert examines all the facts and evidence to provide an objective account of what happened and who was at fault, the insurance company will often give more weight to the expert’s opinion over the at-fault driver’s statement. If the accident reconstruction report shows liability on the part of the driver who caused a fatal crash, the insurance company is far more likely to pay a fair settlement to the family.  If the insurance company does not agree to pay a fair settlement, accident reconstruction evidence can be used to establish liability, refute or support claims made by parties involved, and guide the jury award of damages at trial.  

Who Is Qualified to Be an Accident Reconstruction Expert?

Accident reconstruction is typically performed by experts with specialized training in engineering, physics, and forensics. Because it is a multidisciplinary field, there is no college or graduate degree specifically for accident reconstruction, though organizations such as the Society of Automotive Engineers offer certificates in accident reconstruction. These professionals often have backgrounds in law enforcement, automotive engineering, or forensic science and must be knowledgeable about physics, mathematics, car dynamics, engineering, photogrammetry, and computer applications using simulation tools.  

An expert must also have real-world training and experience to interpret the evidence accurately and provide credible analyses of the accident. If the accident reconstructionist is not seen as credible by the insurance company, it may not rely on their finding of fault and deny the claim. Similarly, a reconstructionist must be viewed as credible by the jury to win if the case goes to trial. 

How Is Evidence Used in Accident Reconstruction? 

Accident reconstruction experts use all types of evidence to figure out what factors caused or contributed to the crash. Typically, experts will thoroughly examine each vehicle involved in the accident and document the physical damage. Experts will also analyze photos, videos, and surveillance footage of the crash and the surrounding area, taking measurements of skid marks, debris distribution, and damage to property at the accident scene.  

Additionally, experts review police reports, witness statements and depositions, black box data, published studies, and other documents to determine what happened and who is at fault. Experts also look at victims’ medical records because the seriousness of the injuries can indicate the force of impact and other elements. 

How is Accident Reconstruction Presented in Court? 

In court, accident reconstruction is typically presented through expert testimony, accompanied by visual aids such as diagrams, 3D models, photographs, and computer-generated simulations. The expert explains the methodology used, the evidence analyzed, and the conclusions drawn, providing a clear and comprehensible narrative of the accident. 

Can Accident Reconstruction Dispute or Support Witness Testimonies? 

Yes, accident reconstruction can help refute or support witness testimonies. By providing a scientific and objective analysis of the crash, reconstruction can confirm the accuracy of witness accounts or highlight inconsistencies and inaccuracies in their statements, thereby clarifying what actually happened. 

When Should Accident Reconstruction Take Place after a Fatal Car Crash? 

Time is of the essence when collecting and preserving evidence after a car accident. When there is a fatality, it can be difficult to prove what caused the crash because there may be less evidence. Accident reconstruction experts can analyze evidence to provide a report shortly after the crash. This helps to ensure that no important evidence is lost or destroyed.

However, accident reconstruction can still be done weeks or months later, as long as sufficient evidence is still available. Unfortunately, it may not be as accurate and comprehensive. A strong accident reconstruction report can give the victim’s family a better chance of receiving the maximum compensation for a wrongful death claim.

Are There Any Limitations to What Accident Reconstruction Can Prove? 

Accident reconstruction experts have to rely on the available evidence, which may be incomplete or compromised, as well as unreliable witness accounts and complex crash scenarios. Additionally, data interpretation can be subjective and requires a high level of expertise to ensure accuracy.

While an experienced attorney and their investigative team can collect every available piece of evidence, certain details – such as the thoughts and intentions of the drivers – can’t be proven. Plus, if the evidence provided to the reconstruction expert is incomplete or faulty, the insurance company and its defense team have a better chance of discrediting their report.

Our Experienced Lawyers Will Build Your Claim Using Accident Reconstruction

Often, insurance companies have their own team of accident reconstruction experts who try to reduce payouts or dispute liability for fatal car accidents. Without an experienced personal injury attorney who knows how to employ their own experts to fight against the insurance company, a victim’s family may face an uphill battle to get fair compensation for their loved one’s death.  

At The Millar Law Firm, our attorneys have established relationships with leading accident reconstruction experts in Georgia, and we have thirty years of experience using these experts in all types of vehicle accident cases involving contested liability. Our attorneys know that accident reconstruction findings can strengthen a case by providing concrete evidence, refuting opposing claims, and determining fair compensation.