The Role of Accident Reconstruction in Determining Fault


In California, state law requires the driver or party at fault for causing a car accident to pay for a victim’s medical bills and property damage. This is known as a “fault-based” law. Under this rule, the person who wishes to recover financial compensation must prove fault using evidence. Accident reconstruction can provide strong and compelling evidence of liability. Make sure to speak with an experienced car accident lawyer in San Antonio for legal guidance.

What Is Accident Reconstruction?

Accident reconstruction refers to a professional re-creation of the events involved in an automobile accident. This is typically done for the purpose of demonstrating which driver or party was at fault for the crash. 

Accident reconstruction may involve drawings, diagrams or visual representations created using data recorders, police reports, photographs and video footage, vehicle damage evidence, testimony from crash experts, and eyewitness statements.

Who Reconstructs an Accident for a Legal Case?

Accident reconstruction is a professional forensic analysis of the events leading up to and during an automobile accident. It is generally performed by a specialist, expert or experienced professional. A personal injury attorney in San Antonio will likely have connections to a qualified expert who can be used for your case. 

The expert will take steps such as revisiting the scene of the accident, analyzing photographs and traffic camera footage, interviewing witnesses, reviewing documents, assessing vehicle damage patterns, and using drones to capture images of the site. Then, the expert will use this information to piece together a visual reconstruction of the crash.

How Do Car Accident Reconstructions Determine Fault?

In Texas, liability for a car accident must be established “based on a preponderance of the evidence,” meaning the claim being made is more likely to be true than not true. Accident reconstruction can provide strong evidence of fault through a demonstration of how and why the collision occurred. It can show that one driver ran a red light or was speeding, for example, and that this caused the crash.

Is Accident Reconstruction Strong Evidence in a Car Accident Case?

Accident reconstruction may not be enough on its own to prove a car accident case. Together with other types of evidence, however, it can help make fault and liability clear. It can convince an insurance company or jury of one party’s fault and make it more difficult for that party to deny liability. A visual representation of how the car accident occurred can be more compelling than oral arguments alone.

How to Get Your Car Accident Reconstructed in Texas

If you are interested in strengthening your car accident case with crash reconstruction, contact an attorney to hire an expert on your behalf. A personal injury law firm that specializes in car accidents will have connections to experts who are at the top of their field. You can count on your lawyer to choose the right professional based on your specific case and needs.

Your lawyer can work closely with the accident reconstruction expert to collect and present evidence. A good attorney will have strong storytelling skills and techniques to convey accident reconstructions and other evidence in a convincing way to an insurance company or court. Many personal injury law firms operate on a contingency fee basis, which means you won’t have to pay anything for an expert upfront.

For more information about the role that accident reconstruction could play in your car accident case in Texas, request a free consultation at Hill Law Firm Accident & Injury Attorneys.

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