A Legal Guide to How An Expert Witnesses Can Help Win Your Georgia Car Accident Claim or Case

Key Points:

• Expert Witnesses in Car Accident Cases: Expert witnesses are used in complex car accident cases, especially when the injuries are serious and expensive. Their special knowledge helps explain complicated details in the case and may make the difference between winning and losing.
• Rules about Expert Witnesses in Georgia: In Georgia, the law allows expert witnesses in car accident cases because of their special knowledge and training. While expert witnesses are paid for their time and testimony, they are sworn to testify honestly and truthfully.
• Different Experts for Car Accidents: Car accident cases use various experts like accident analysts, medical doctors, vehicle specialists, and financial analysts. Their reports and testimony explain the crash, injuries, and money matters to the Court and Juries.
• Importance of Accident Reconstruction Experts: Accident reconstruction experts may help make complex details clear, such as how fast cars were going during the crash, where vehicles were positioned and traveling before the collision, and the forces of impact.

When thinking about a typical car accident, you may imagine that your witnesses will be people who saw the incident, such as nearby drivers, passengers, or pedestrians. Eyewitnesses are important due to their firsthand viewing of the event. But, it is important to know that not all witnesses need to be physically present at the scene of the accident. In Georgia, you may also call or use expert witnesses whose professional expertise enables them to testify about the hows and why’s of the injury or accident, to help the Court determine its cause or to estimate the costs and damages.

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When Will a Georgia Personal Injury Lawyer Hire an Expert Witness?

In most simple car accident cases, an accident reconstruction expert is not necessary. However, medical professionals such as doctors or therapists are used in the majority of cases to explain how the crash caused the injurues, and are also considered experts in their fields.

Expert witnesses are called upon when a case has complex evidence that requries specialized, or “expert,” knowledge and explanation. This often occurs when the parties disagree about the cause and severity of injuries (doctors and nurses), how the accident happened (accident reconstruction), or whether the accident has caused long-term financial harm (economists and accountants).

How Georgia Law Allows for The Use of Expert Witnesses in a Car Accident Claim

Under Georgia law an expert witness is defined as an individual who has specialized knowledge in a technical or scientific field. Expert testimony is allowed when it will assist the Court or Jurors to better understand the case evidence, as outlined in O.C.G.A. 24-9.67.1. To qualify as an expert witness, a Judge must first rule that that the witness’s knowledge, skills, training, or education is greater than of an ordinary person in this specific field or area and that the testimony will be helpful to the Court or Jury. That is that the testimony will clarify evidence or facts that are beyond the scope of everyday or lay-persons knowledge. O.C.G.A. 24-9-67.1(b)(1).

Why is Paying an Expert Witness Legal but Paying an Eyewitness is Not Legal?

The reason why it’s legal to pay expert witnesses but not eyewitnesses comes down to their roles in a court case. Expert witnesses are paid because they have special knowledge in areas like medicine or engineering and can help explain complicated topics or evidence to the court and to jurors. Experts are paid for their knowledge, expertise, and the time spent preparing their testimony.

On the other hand, paying eyewitnesses is not allowed because it might influence their testimony or honesty. The role of an eyewitnesses is to talk about what they saw or heard, without bias or influence.

What Types of Expert Witnesses Can Be Used in a Georgia Car Accident Case?

There are many types of experts who may be called to testify. Here is a list of the types of experts most often used in cases litigated in courtrooms across the State of Georgia:

Accident Reconstruction Experts

Accident Reconstruction experts are a type of expert witness who reconstruct crashes involving cars, trucks and motorcycles. These experts are often retired Georgia State Patrol Officers, although some may have an engineering or academic background. Experts may focus on evidence not found in a regular police report and they may analyze vehicle speeds and the forces of impact. Accident reconstruction is used to help lawyers present their arguments and for juries to understand how and why an accident happened. Accident Reconstruction may examine and photograph the scene and the damaged vehicles as well as download and study the data from the event data recorder (EDR) or ‘black box‘ from the car or truck. Some accident reconstruction experts may even reenact the crash in the courtroom or on video.

Medical Experts

Medical experts play a crucial role as expert witnesses in car accident legal claims. Although your doctor is not often thought of as a traditional expert witness, his or her testimony is important to how and whether an accident caused an injury. Doctors are important to diagnosing conditions and explaining medical treatment and procedures in a way that is understandable to the court or jury.

In a car accident case, a more traditional medical expert who has not seen the victim as a patient might be hired to review the medicine and provide an opinion on causation or on the need for future treatment, or whether the injury is permanent. Medical testimony can discuss the need for surgeries, ongoing rehabilitation, or the likelihood of permanent disability. Medical experts can also testify about future medical costs, so that a settlement or jury awards adequately covers the victim’s current and future medical expenses.

Other Types of Expert Witnesses That Are Frequently Used in Georgia Car Accident Litigation

Automotive Forensic Consultants: These witnesses are experts who inspect cars and trucks to help discover whether a vehicle defect or mechanical failure caused an accident. They may analyze cars and trucks for manufacturing defects, maintenance history or other contributing factors.

Biomecanical Engineers: A Biomechanical Engineer is an expert in understanding how the forces of impact in a car or truck crash affect the human body. These experts help a Jury understand how forces caused or contributed to the injuries sustained in a car accident.

Economists and Financial Experts: In Georgia, an economist or financial expert can testify about how an accident affected or will affect a car accident victim’s past and future lost wages and future earning potential. Economists may also, in some cases, testify about the cost of future medical care and rehabilitation or the costs of modifications to homes or transportation vans, for the most seriously injured

Life Care Planners: A Life Care Planner is a professional, often a legal nurse or other consultant, who specializes in creating a plan for long term care and support of individuals with serious permanent injuries or disabilities. In many cases this means estimating what future care may be needed and what modifications to lifestyle, homes and cars may be necessary to care for an individual for the rest of his or her life.

Roadway Design Engineers: A Roadway Design Engineer is an expert in the planning, design, and maintenance of roadways. They may look at how factors such as traffic flow, signage, lighting, and road surface conditions caused or contributed to an accident, and if a claim for negligent roadway design or maintenance exists.