Using Accident Reconstruction to Prove Liability for a Commercial Truck Accident in Ohio

Accident reconstruction can be a highly effective tool for proving liability after a commercial truck accident in Ohio. If you have a claim, your Columbus truck accident lawyer can hire an accident reconstructionist to create a highly accurate computer simulation of the crash that is admissible in court. Your lawyer will cover the costs of hiring an accident reconstructionist while your case is pending, and you will not have to pay anything unless your case is successful.

When you are facing the costs of a serious or fatal commercial truck accident, it is important to protect your legal rights by all means available. The costs associated with serious and fatal accidents can be substantial, and accident victims and their families deserve to be fairly compensated for their accident-related losses.

While several forms of evidence can be used to prove liability in a commercial truck accident—and while it is important to hire a lawyer to investigate as soon as possible—accident reconstruction can be a highly effective tool for proving that you are entitled to just compensation.

What is Accident Reconstruction?

Accident reconstruction involves using forensic evidence and data to piece together the events leading up to a serious or fatal collision. Accident reconstructionists take the available evidence and data and input them into specialized computer applications to create simulations that show what happened and who (or which company) is to blame.

Since accident reconstruction relies on forensic evidence and data, the process starts with conducting an investigation to gather as much evidence and data as possible. This investigation should take place as soon as possible after the accident—before critical evidence disappears.

What Kinds of Forensic Evidence and Data Do Accident Reconstructionists Use in Truck Accident Cases?

Accident reconstructionists can use several forms of forensic evidence and data to recreate the events leading up to a serious or fatal truck accident. Some of the more common examples include:

• Measurements from the crash site (i.e., measurements of turn lanes, tire marks and debris fields)
• Geospatial data (i.e., information about the road or intersection where the crash occurred)
• GPS, telematics and “black box” data from each vehicle involved in the collision
• Data on road, weather and traffic conditions at the time of the collision
• Evidence of the truck’s gross vehicle weight and the positioning of its load at the time of the collision
• Evidence of the location and severity of the damage to each vehicle involved in the collision
• Footage from traffic and surveillance cameras in the vicinity of the crash site

Of course, accident reconstructionists can only use what is available—and not all of these forms of evidence and data will be available in all cases. To ensure that your accident reconstructionist has access to as much information as possible, you should hire a lawyer to investigate your (or your loved one’s) commercial truck accident right away.

How Accurate is Accident Reconstruction?

Accident reconstruction can be incredibly accurate. With enough data, accident reconstructionists can confidently demonstrate how and why a serious or fatal accident occurred—and this can help identify which party is legally responsible. Courts in Ohio allow plaintiffs’ lawyers to use accident reconstructions as evidence in court, provided that they comply with the general requirements for admissibility.

Can Accident Reconstruction Help During Settlement Negotiations?

While accident reconstructions can serve as evidence in court, they can also be extremely useful during settlement negotiations. If a trucking company’s insurer attempts to deny liability, presenting an accident reconstruction that is admissible in court could help convince the insurance company to enter into good-faith settlement negotiations. Hiring an accident reconstructionist also shows that you are serious about protecting your legal rights—and that you are prepared to go to court if necessary—and this can play a major role in facilitating favorable settlement negotiations as well.

How Do I Hire an Accident Reconstructionist?

If you have a personal injury or wrongful death claim for a commercial truck accident, hiring an accident reconstructionist is just one step in the process of fighting for the financial compensation you deserve. It is also important to keep in mind that some accident reconstructionists are more reputable and more reliable than others.

Once you hire a Columbus truck accident lawyer to represent you, your lawyer will be able to take all of the steps that are necessary to assert your legal rights effectively. When the time comes, your lawyer will be able to recommend an experienced accident reconstructionist, and then your lawyer will work with him or her directly while pursuing your claim for financial compensation.

What Else Should I Know About Filing a Claim for a Commercial Truck Accident in Ohio?

While filing a claim for a commercial truck accident is a complex process, it is also an extremely important process for victims and their families. Establishing accountability can provide much-needed closure, and recovering financial compensation can help ensure that the burdens of living with the accident are no greater than necessary.

If you are considering talking to a Columbus truck accident lawyer about filing a claim, here are some additional factors to keep in mind:

• The financial costs of serious and fatal accidents can be far greater than most people realize. Hospital bills, lost earnings, and other financial costs can add up quickly—and they can keep adding up for a long time.
• Serious and fatal accidents can also lead to high non-financial costs. Accident victims and their families can suffer from severe pain and emotional trauma, and these are also “costs” for which compensation is available under Ohio law.
• Trucking companies and their insurers can be held fully responsible. In commercial truck accident cases, the at-fault parties can be held fully accountable, and seeking just compensation will typically involve negotiating a confidential settlement with the at-fault party’s insurer.
• It costs nothing out-of-pocket to hire a law firm to handle your case. From the costs of hiring an accident reconstructionist to legal fees, you will not have to pay anything unless your truck accident case results in a settlement or verdict in your favor.
• Acting promptly can help maximize your chances of success. While it can be difficult to make decisions in the aftermath of a serious accident, promptly engaging a law firm to investigate your (or your loved one’s) accident can significantly improve your chances of recovering just compensation.

FAQs: Filing a Claim for a Commercial Truck Accident in Ohio

Is it worth hiring an accident reconstructionist after a collision involving a commercial truck?

Hiring an accident reconstructionist to assist with pursuing a personal injury or wrongful death claim after a commercial truck accident can be well worth it. Your lawyer can determine if it makes sense to hire an accident reconstructionist in your case; and, if it does, your lawyer can hire a qualified professional to assist with establishing your claim for damages.

How can accident reconstructionists determine which party was at fault in a commercial truck accident?

Accident reconstructionists can use forensic evidence from the crash site and data from other sources to precisely identify the sequence of events. Provided that sufficient information is available, accident reconstructionists can create computer simulations that are admissible in court, and they can testify as to why their computer simulations are accurate representations that demonstrate financial compensation is warranted.

Will the insurance company hire an accident reconstructionist to fight my truck accident claim?

Insurance companies will hire their own accident reconstructionists in some cases. In this scenario, raising questions about the accident reconstructionist’s credentials, methods, and evidence and data used to create their models can all be effective means of calling their findings into doubt.

How We Help Truck Accident Victims and Their Families

At Malek & Malek Law Firm, we are passionate about fighting for commercial truck accident victims and their families. These are serious accidents that, generally speaking, should not happen. As a result, when they happen, victims and their families will usually be entitled to financial compensation. We handle commercial truck accident cases throughout Ohio at no out-of-pocket cost to our clients.

If you have a truck accident claim in Ohio, our lawyers will work diligently to:

• Gather the evidence we need to prove liability
• Present the evidence in a way that clearly proves you are entitled to compensation (including hiring an accident reconstructionist, if warranted)
• Carefully calculate the damages you are entitled to recover
• Seek a fair settlement out of court and represent you in court if necessary
• Help you make informed and confident decisions throughout the process

After a serious or fatal truck accident, hiring a lawyer is the first step toward holding the responsible parties accountable. To let our lawyers fight for accountability on your behalf, schedule a free initial consultation today.

Discuss Your Legal Rights with a Columbus Truck Accident Lawyer for Free

To schedule a free initial consultation with a Columbus truck accident lawyer at Malek & Malek Law Firm, call us at 888-444-7440 or tell us how we can reach you online. We will arrange for you to speak with one of our lawyers in confidence as soon as possible.