Truck accidents can leave devastation in their wake, including severe injuries and even death. If you were injured in a truck accident, then you may be able to file a lawsuit and receive compensation. But truck accidents are more complex than car accidents due to trucks’ massive size. With the damage from the crash, debris, and injuries, it can be hard to determine what happened. And if the cause of the accident cannot be determined, then it is hard to determine fault.
This is where accident reconstruction can help. But what is truck accident reconstruction? It is a method used to recreate the accident’s events to determine what happened and how it happened.
How Does Truck Accident Reconstruction Work?
Truck accident reconstruction “reconstructs” or recreates the accident. It’s like forensics. Reconstruction specialists use information such as the following to recreate the accident scene:
- Damage to the truck and other vehicles,
- Damage to property and infrastructure,
- Location of traffic signs (e.g., stop signs or yield signs),
- Location of skid marks (if any),
- Speed of vehicles involved,
- Condition of the road (e.g., potholes or depressions in the road),
- The posted speed limit at the accident site,
- Medical reports of injuries of those involved in the accident,
- Environmental or weather conditions at the time of the crash,
- Human issues (e.g., driving under the influence, violations of traffic laws),
- The direction the truck and other vehicles were traveling, and
- Extraneous factors (e.g., a child running in the road).
Once truck accident reconstruction specialists gather this information, they can examine everything as a whole. They use high-tech equipment and programs to recreate the accident.
Why Is Truck Accident Reconstruction Important?
Truck accident reconstruction is essential. Typical evidence of a truck accident scene includes:
- Photos of the scene and vehicles,
- Video surveillance from the surrounding area,
- Witness statements,
- Truck’s black box, and
- Police report.
But over time, this evidence can be lost. Or the evidence may not be enough. Truck accident reconstruction is a scientific approach used to determine what happened in a truck accident. It can be reliable when parties or witnesses give conflicting statements about what happened.
How Are Accident Reconstructions Useful for Your Case?
Truck accident claims are based on the law of negligence. You must prove four factors to succeed in a negligence claim:
- Duty,
- Breach,
- Causation, and
- Damages.
You must show the other party breached their duty to drive safely on the road and that the breach directly caused your damages. This can be difficult to prove. Witness statements may be contradictory. The photos of the accident scene might not shed light on the cause of the accident. Truck accident reconstruction recreates the accident scene to show what happened through visuals and a detailed report. These can then be shown to insurance companies, juries, and all parties involved. Truck accident reconstruction can significantly strengthen your case.
How Can Truck Accident Reconstruction Help Identify the Liable Party?
Many parties may be responsible for a truck accident, not just the truck driver. Truck accident reconstruction can help determine the cause of the accident. This can, in turn, help determine who was the responsible party.
Truck Driver
A truck driver may be responsible for the accident because they were under the influence or disobeyed traffic laws. These factors are taken into account by truck accident reconstruction specialists.
Truck Company
Even if the truck driver is at fault, you may be able to hold the truck company responsible for the actions of its drivers. The truck company can also be directly responsible for the accident if it acted negligently, such as by hiring a driver who did not have experience or not properly training truck drivers. Truck companies can also be responsible if they instructed the driver to work over the federally set hourly limit.
Truck Manufacturer
A truck accident reconstruction specialist examines the truck after the accident. They also review any documentation and reports about the truck. If they find that a broken truck part caused the accident, then the truck manufacturer may be liable.
Mechanic or Truck Servicer
Trucks receive regular maintenance. A truck accident reconstruction specialist may find that failure to properly repair or maintain the truck caused the accident. An example could be a defective brake that caused the accident because the truck could not stop at an intersection. Or broken windshield wipers could have caused the accident because the truck driver could not see the road through the raindrops. If a routine maintenance check should have discovered these issues, then the company that services the truck could be liable.
Government
A city, state, or even the federal government may also be liable for the truck accident if the accident was caused by something they had control of. For example, suppose a pothole in the road caused the accident. The truck accident reconstruction specialist may find that the government entity that maintains the road is responsible for the accident. Or the truck accident reconstruction specialist may have concluded a stop sign was hidden by a tree. Because of this, the truck driver ran through the stop sign. The government entity responsible for maintaining traffic signs may be held liable for the truck accident.
Who Performs the Accident Reconstruction?
Truck accident reconstruction is performed by independent specialists. These specialists have specific technology to reconstruct the scene of the accident. With this, they can help determine who is liable for the truck accident.
The earlier you hire a truck accident reconstruction specialist, the more precise the reconstruction will be. If they become involved early, they may be able to see the damaged vehicles, not just photos. They can go to the accident scene and see the damaged property or infrastructure. Thus, asking your truck accident attorney about using a truck accident reconstruction specialist is imperative.
Contact D’Amore Law Group
We know this is a hard time for you. At D’Amore Law Group, our team will treat you with honesty and compassion. D’Amore Law Group is committed to fighting for justice for individuals harmed by the negligence and bad acts of others. We are dedicated to serving and using our resources to improve our community.
Tom D’Amore is one of only a handful of attorneys in the country to be recognized as a certified truck accident advocate by the National Board of Trial Advocacy. Our truck accident lawyers can work with truck accident reconstruction specialists. We can use their findings to establish liability in your case. You and your family deserve financial compensation to get your lives back on track. Contact D’Amore Law Group now for a free appointment and find out how we can help you.
