In a car accident case, the plaintiff must prove liability. By a preponderance of the evidence, the plaintiff must convince the jury that the defendant breached the duty of responsible driving incumbent upon all licensed drivers, and that this breach resulted in his or her injuries.
There are many different types of evidence that might be persuasive in a car accident lawsuit. Our law firm often visits the accident scene or uses a private investigator to gather clues from the crash site. This may consist of skid marks, identifying potential witnesses, and/or locating traffic cams or other digital recording of the accident. In some cases, an expert may also be useful.
Admittedly, an expert may not be needed when video captured the defendant violation of a clear traffic rule, such as running a red light. However, there are other situations that are not as clear cut. For example, the defendant may have raised defenses that would shift liability to another party, such as a malfunctioning traffic light, faulty road design, or a mechanical defect with his or her vehicle. In these examples, an expert may be called upon to interpret findings, reconstruction reports, or computer simulations.
Weaving Expert Testimony into The Litigation Narrative
Yet even with expert testimony, a litigator must take care to interweave this evidence into an overall litigation strategy. Our firm focuses on personal injury law. We understand that the jury needs to be persuaded with compelling evidence, including exhibits, credible witnesses, and empathetic plaintiffs. This advocacy should begin from the moment we interact with the potential jurors in voir dire, continuing through the opening statement, and concluding in the closing statement.
Source: Forensics Group, “Car Crash Expert Witnesses,” Apr. 2019