Some Auto Accidents Require Accident Reconstruction Experts- Will Your Accident Require an Expert?

Matt Troutman Aug. 22, 2023

In most car, truck or motorcycle accidents, the investigating police officer is able to determine who was at fault in an auto accident. Witness testimony, the testimony of the participants in the accident and the location of the vehicles at the accident scene will be enough to determine fault. However, in some cases, an accident reconstruction expert may be necessary to determine precisely how the accident happened.

In many car accidents, there are no independent witnesses. By independent, I mean anyone who is not related to or a friend of any of the participants in the accident including passengers. If there are no independent witnesses and the parties cannot agree on how the accident happened, then an accident reconstruction expert may be needed to explain exactly how the accident happened. In some accidents, the participants are killed or knocked unconscious and have no knowledge or memory of the accident and the physical evidence and expert analysis is required to determine how the accident happened.

Kentucky state police have accident reconstruction experts on their team that are used in some accidents that are serious in nature and there is some difficulty of determining what happened. As a personal injury attorney handling auto accident claims, I will retain an accident reconstructionist if it is needed in a particular case. The insurance companies can do the same.

If an accident reconstruction expert is retained to determine what happened in a car, truck or motorcycle accident, they will go to the scene and analyze all the physical evidence, including the location of the damage to the vehicles, damage to the roadway and anything near the roadway. They will review the statements from the participants and the witnesses, if any, and they will use their experience in investigating other accidents over a number of years. All of this information will allow them to come to an opinion of how the accident occurred and who was at fault in causing the accident.

A person established as an expert in accident reconstruction can give his or her opinion to the jury about how the accident happened. Investigating police officers routinely do this on their police reports, but most of them are not qualified as accident reconstruction experts and, therefore, they will be unable to testify to a jury about their opinion about how the accident happened. They can testify about what they saw at the scene and what was told to them by the parties and witnesses, but they cannot give their opinion about the cause of the accident.

More than One Person Can Be Responsible for Causing an Auto, Truck or Motorcycle Accident.

When the investigation is complete in an auto accident, it may be determined that more than one vehicle contributed to the cause of the accident. In Kentucky, if more than one person contributes to the cause of a car, truck or motorcycle accident, then each person at fault will bear the percentage of fault attributable to their degree of negligence. In Kentucky we call this “pure comparative negligence.” Prior to pure comparative negligence becoming Kentucky law in the 1980s, if an injured victim in an auto accident was considered more than 50% at fault, that person was precluded from making a claim for his or her injuries.

Today, if you are partially at fault in an accident, you can still bring a claim for pain and suffering against the other party. However, your recovery will be limited to the percentage of fault attributable to the other party. In other words, if we assume your damages are $10,000.00 and you are considered $70% at fault, you can recover $3,000.00, which is 30% of your claimed damages.

Contact Kentucky Car Accident Lawyer

If you are involved in a car, truck or motorcycle accident, you will require the services of an experienced Kentucky car accident attorney to investigate the cause of the accident and maximize all benefits available to the victims and their families. Matthew Troutman, a Kentucky car accident lawyer, of the Troutman Law Office has been handling auto accident claims, almost exclusively, since 1986 and has the experience and talent to obtain the best result for the victims in the above car accident.

If you need legal assistance due to a motor vehicle accident, contact Kentucky car accident attorney Matthew Troutman directly and he will meet with you in the hospital, your home or wherever is convenient for you. He will give you direct access through his cell phone and guide you through the difficult process necessary to obtain the best result possible for you in your car accident claim. To learn more about Kentucky car accident attorney Matthew Troutman and the Troutman Law Office, click here.