Using a Vermont Accident Reconstruction Expert to Determine Liability

Not all car Vermont car accidents are the same. Cases arise where there is substantial doubt as to which party was responsible for causing a crash and thus, who should be responsible for compensating the other for the injuries they sustained. In such cases where liability remains in question, the use of a Vermont accident reconstruction expert may bolster a party’s claim that they did not cause the car accident .

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.