What Is the Reconstruction Process?

1. The responding officer’s analysis

The first part of the reconstruction process is to evaluate what has already been investigated by law enforcement. In most cases, an investigating officer will have already issued a report on what they determined occurred, including a diagram of the accident, witness statements, and a determination, if possible, of who was at fault.

In most cases where a reconstruction expert is needed, the fault determination remains up in the air. This does not stop an officer from rendering an opinion, but it is important to understand that this “opinion” may be based on limited training and experience and is subject to reversal should an expert reveal gaps in the evidence found and the determinations made.

2.  Photos of the scene

One of the initial independent tasks of an accident reconstruction is to take independent photos of the scene of the accident. Relying on others’ photos is not a prudent way to reach an independent determination.

3.  Anatomy of the crash

Determining the inner workings of the accident but reviewing the evidence left on the scene is a key component of coming to a liability opinion.  I thorough reconstruction will include the following analysis:

i. Perceived vs. first possible perception of risk

Concluding where the first perception of the risk could have occurred and where it did occur is a key step in understanding driver reactions. This determination can be measured by evidence left on the road, such as skid or brake marks that can show when the initial action of attempted avoidance occurred.

ii. Point of Engagement (aka impact point)

When an accident involves a collision between two or more vehicles, determining the point of impact can be a more complex task than it initially appears. Finding the point is heavily reliant on where the most damage on the vehicle is located. This impact point is often where most of the damage occurs.  As a result, a skilled reconstructionist can take this information and compute where on each vehicle the initial impact occurred, which can tell a lot about where they were positioned on the roadway.

iii. Final Resting Position

Where the vehicles eventually end up is also a crucial component to reconstructing the accident. This can assist in determining speed, location, and angle of impact. However, there are many variables to this determination, including the surrounding landscape that can cast doubt as to the accuracy of the analysis of the final resting position as being definitive proof of location and how fast each vehicle was traveling at impact.

4. Measuring the length of breaking to determine speed

Skid marks found on the blacktop are key for investigators to determine the speed of a vehicle before it begins evasive maneuvers to avoid a collision. A solid reconstruction report will not only contain thorough photographic evidence of the length of breaking but will also include an in-depth analysis of the quality of and type of tires that can play a substantial role in the length of the skid marks.

5. The black box

Black boxes date back to 1994 when certain makes began installing them. The National Highway Transit Safety Association (NHTSA) has been collecting data from these boxes after accidents since the early 2000s. These devices are designed to record data surrounding the operation of the vehicle, including speed, braking, and steering, all of which can be utilized by the expert in developing their final causation opinion.

Reconstructing a Vermont auto accident is no easy task. The tools articulated in this post are but a few of the investigative techniques law enforcement and private experts use to determine fault. It is important to utilize these reports in a manner that shows exactly who cause the car accident in order to litigate successfully a personal injury claim involving operational negligence.

Have I Reached End Medical Result?

You may be feeling better and, as a result, feel that it is time to put this matter behind you and conclude your claim. It is important not to rush this. If your care providers recommend follow-up tests or care following through on these recommendations is key to ensuring your recovery is complete. Keep in mind, that once you settle the case, you can’t go back if new symptoms arise. This can especially be true in brain injury cases, where the full extent of the severity of the injury may take weeks to fully understand, and months to years depending on the grade to fully treat.

Is There a Risk of My Insurance Seeking Reimbursement (a.k.a. a Subrogation Claim)?

One of the trickiest hurdles in reaching a personal injury settlement is determining who will be responsible for the medical bills associated with treatment. When a settlement is reached, the insurer is often paying a lump sum that settles all of their liability, including medical bills.

In most cases, a subrogation claim will be filed by your insurance company onto the responsible party’s carrier. However, if you have already settled your claim and signed a general release, freeing the carrier from any further liability, you may be on the hook for this claim. Medicare and Medicaid are especially thorough in issuing these claims. It is important to understand that should you be covered by government insurance, there is often an obligation to inform them of your potential settlement and to allow them to claim reimbursement that will need to be settled before you receive your cut of the settlement proceeds.

Do I Know the Limits of the Responsible Party’s Coverage?

The minimum auto insurance coverage limits in Vermont are $25,000 per individual and $50,000 per incident with $10,000 in property damage coverage. Many drivers carry much higher limits. You have a right to know this information before you begin negotiating a settlement. If the injuries are severe and the coverage is low, you may need to look beyond the offending party’s coverage to seek full compensation for your injuries. This may be accomplished if you carry underinsured coverage on your auto policy, which allows you to seek reimbursement from your insurance company for amounts that exceed the policy limit of the liable party.

Take Your Time When Evaluating Whether to Settle or Litigate a Vermont PI Claim

Just because an insurance adjuster wants to settle a case and is waiving around a quick payment to you in exchange for a release of your claim, does not mean you need to jump in immediately to negotiations. Taking your time, to fully understand the degree of your injuries, the risk of a subrogation claim, and understanding the policy limits of the liable party are all prudent steps in ensuring you get a just result in your Vermont PI claim.

The foregoing is for informational purposes only and should not be considered legal advice. Readers of this content who have specific legal questions should seek advice from their personal attorney.

How Does a Judge or Jury Decide Liability?

12 VSA § 1036 states that “[C]ontributory negligence shall not bar recovery in an action by any plaintiff, or his or her legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants,…”

To provide context to this, consider if a Jury finds that one driver was 60 percent liable for a car accident, while the other driver was found to be 40 percent at fault. If the damages sustained by the 40 percent liable party were found to be $100,000, the end result would be an award in that party’s favor of $20,000 (the difference between 60k and 40k or 60% and 40%).

How Does a Traffic Ticket or Criminal Citation Play Into This Calculation

In most instances, a personal injury case will take a back seat to any criminal prosecution and will only be heard after the criminal case has been resolved. This procedure is based on a criminal defendant’s 5th Amendment right to remain silent, which they do not enjoy in a personal injury action.

Certainly, the outcome of the criminal case will play a role in liability and, in some cases, may be fatal to a claim.

A traffic infraction does not enjoy such protections and, in most cases, will be resolved before the personal injury case. This legal realm will provide a bit of a preview for the larger PI case and is an important step in evaluating liability. If a defendant is found not guilty of their traffic violation, this can help bolster the case that the other party is liable for the accident.

Even if the driver is found guilty of the offense, this may not, in all cases lead to a liability determination. A judge or jury would still need to evaluate all of the other factors surrounding the accident before they dole out the percentage they feel each party was responsible for in creating the circumstances surrounding the accident.

Just Because You’re Charged Does Not Mean You Are Liable

Evaluating the strength of a personal injury claim in Vermont can be a complicated matter when there are companion criminal or traffic ticket charges. However, each case is unique and must be reviewed independently of others to truly make such a determination. The result of this review may just surprise you when it is ultimately determined who remains at fault for this unfortunate event.

This content is for informational purposes only and should not be considered legal advice. Readers who have question about their own legal matter should consult with their personal attorney.

The science of traumatic brain injuries (TBI for short) continues to evolve as new studies release the long term impacts these injuries can have. What was simply classified years ago as “having your bell rung”, it has now been uncovered that the potential long term consequences of a TBI can be drastic if untreated. For those who have suffered an injury as a result of a car accident in Vermont, it is important to know how medical professionals commonly assess the presence and degree of a TBI.

Glasgow Coma Scale

The Glasgow Coma Scale is a 15 point test that can measure the degree of a TBI by asking measuring a patients ability to follow instructions and their fluency in moving their limbs after impact. Abilities are measured on a scale from 3-15. The higher the score, the less severe the TBI.

Question and Answer

Valuable information can be obtained simply by asking specific questions as to the patients response to the trauma and what they can and cannot remember. It is essential that the patient recall as accurately as possible what symptoms they felt, including lose of consciousness, lack of memory, and any describing factors that can explain how the injury was sustained.

Is Imaging Needed?

If there is concern that structural damage has been sustained to the brain, a CT scan or MRI may be necessary. This imaging may not pick up a TBI, as many of these injuries are not visible even with a more intensive MRI scan. However, if serious damage has been done, such as a brain bleed, this scan be be crucial in minimizing the overall damage of the TBI.

Pressure Monitoring

In some more serious cases, the swelling of the brain can cause significant pressure as it presses against the skull that can increase the damage sustained. In these cases, a monitoring device, known as a Intracranial pressure monitor, can be inserted to evaluate the degree of this pressure.

That Headache After a VT Car Accident May Be Something More

Often times, victims of a car accident in Vermont will attempt to self treat themselves, thinking that over a period of time they can “walk off” any injury they sustained. However, when it comes to the brain, it is important not to simply believe that it will heal with rest. With the improvements in medical treatment, TBI’s can be diagnosed and treated more effectively then in year’s past, if you take that initial step of accurately reporting all the symptoms to your medical provider.

The content contained in this post is for informational purposes only. If you need specific legal advice about your injury, consult with your own private attorney.