A truck accident in New Mexico can cause serious and catastrophic physical injuries, along with emotional harm and significant financial losses. To recover compensation for these losses, injured parties must prove fault or negligence.
Truck accident reconstruction can provide compelling evidence to show exactly how and why a collision occurred. Re-creating the crash can indicate fault – helping a victim recover fair monetary damages by holding the correct parties accountable.
What Is Accident Reconstruction?
Accident reconstruction is a term used in personal injury law to describe the professional re-creation of an accident, such as a motor vehicle crash, to establish what happened during and in the moments leading up to the incident.
The purpose of accident reconstruction is to help establish causation by accurately re-creating the truck accident. This can help a victim prove a claim to a jury or counteract defenses presented by the defendant against liability, helping to support an injury claim.
How Does Truck Accident Reconstruction Work?
Truck accident reconstruction is a forensic endeavor that relies on physical, documentary and scientific evidence to determine how the collision occurred. It combines physics, science, engineering and technology to piece together what happened and prove it using clear and compelling diagrams or models. Truck accident reconstruction is a professional process that involves several key steps.
Data Collection
Truck accident reconstruction is done using advanced data collection and analysis to scientifically prove who or what caused the commercial vehicle accident. The first step is for professionals to gather relevant data and information, such as:
- The truck’s black box
- Electronic event data recorders
- Driver’s logs
- Infotainment systems
- GPS devices
- Crash scene photographs
- Vehicle damage
- Video footage
- Drone imagery
- Road conditions
- Skid marks or road markings
- Headlight maps
- Audio capturing
- Light metering
- 3D laser scans
Trained experts will know where to extract relevant data from in the aftermath of a trucking accident. They will have special cameras that can be used to capture high-resolution images, as well as tools such as drones, laser scanners and photogrammetry systems to create 3D models out of photographs.
Evidence Preservation
In addition, reconstructionists may take steps to preserve relevant evidence such as eyewitness statements, police reports, documents and reports from the trucking company, compliance records, and physical evidence from the scene to determine what happened.
Trucking companies whose carriers are involved in accidents are legally required to keep certain records and documents for a number of years. If necessary, a truck accident lawyer can file an evidence spoliation letter that requires a trucking company to preserve – and not tamper with – electronic evidence and data.
Analysis
Once all relevant data has been acquired, the accident reconstruction specialists can analyze the information to determine why and how a truck accident took place. Analysis takes into consideration all electronic data, physical evidence, environmental factors, road conditions and driver information to assess what happened.
Accident reconstruction experts will analyze the evidence to answer questions such as:
- What direction was each vehicle traveling?
- How fast was each vehicle going at the time of impact?
- What was the order of the collisions?
- Did the truck driver apply the brakes?
- Did a mechanical failure or malfunction occur?
- Was the truck’s cargo properly secured?
- Were there any federal safety laws violated?
- Was the truck driver’s view of the road obstructed?
The goal of the truck accident reconstruction process is to determine causation for the crash and identify all liable parties. The analysis stage of reconstruction aims to prove or disprove a fact to build a logical narrative regarding what happened. Experts can use many tools to analyze their findings, including advanced modeling and simulation software.
Presentation of Findings
Once crash reconstruction experts complete their investigation, they will prepare a report summarizing their findings and showing their assessment of how the truck accident happened – including what caused it and who was responsible. Lawyers can then use this report as evidence during a truck accident claim in New Mexico.
Lawyers often present accident reconstruction evidence in the form of 3D models and virtual simulations so that juries can more easily grasp the facts. Accident diagrams paired with compelling storytelling can convince a jury to agree with a claimant on how the truck accident must have occurred according to the re-created sequence of events.
The Role of Accident Reconstruction in a Truck Accident Case
Truck accident reconstruction can provide key evidence in support of a victim’s injury claim. In personal injury law, the plaintiff or injured party bears the burden of proof. The standard that must be met is “more likely to be true than not true.”
The detailed scientific approach used in professional accident reconstruction can help resolve legal disputes regarding liability for a truck accident. It can support the plaintiff’s claim and lend credibility to their allegations with a data-based reconstruction of the collision.
In addition, accident reconstruction can fill in gaps that may be present in the information or other evidence available, such as clearing up inconsistencies across testimonies. In this way, reconstruction can provide clear, scientifically-supported evidence of causation, fault and liability.
Do You Need Accident Reconstruction for Your Truck Accident Case?
Whether or not you need to hire professionals to reconstruct your truck accident depends on the circumstances. Get the professional opinion of a local truck accident lawyer before proceeding. If your case involves challenges or complications such as a liability dispute, a trucking company blaming you for the crash or a denied claim, an attorney may recommend hiring experts to re-create the collision for a judge or jury.
The Importance of Contacting a New Mexico Truck Accident Attorney
Commercial truck accident cases are notoriously complex. They involve laws, issues and factors that are not generally seen in standard car accident claims in New Mexico. To navigate complex issues such as vicarious liability, multiple at-fault parties, comparative negligence, powerful adversaries and unique evidence, you may need help from an experienced truck accident attorney.
A lawyer will have connections to highly-qualified experts with certifications from the Accreditation Commission for Traffic Accident Reconstruction (ACTAR). These professionals can gather and analyze evidence to determine how your crash occurred, reconstruct the truck accident using scientific data, and provide your lawyer with strong evidence to support your claim.
For more information about truck accident reconstruction in your particular case, contact us today for a free consultation in New Mexico.