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The Role of Expert Witnesses In San Diego Car Accident Cases

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Posted on August 27, 2024

California’s fault-based insurance system requires car accident victims to prove another driver’s fault in an accident to obtain compensation through a car accident claim. Under the state’s comparison negligence insurance laws, the insurance company assigns an investigator to determine each driver’s percentage of fault for an accident. California’s laws allow an insurer to lower an injury victim’s payout on their claim by their percentage of fault—which incentivizes them to contribute fault to an injury victim.

After a car accident in San Diego or elsewhere in California, it pays to hire an experienced San Diego car accident lawyer to investigate the accident and document evidence of another driver’s fault and the victim’s damages. A critical component of proving fault in a car accident claim is the testimony of expert witnesses.

Accident Reconstruction Expert Witnesses

Not all accidents occur in places with traffic cameras or nearby surveillance cameras to capture the events on video. Sometimes eyewitness testimony helps provide a picture of the accident, but it isn’t always reliable or enough evidence to prove the other driver’s liability. An accident reconstruction specialist examines the accident scene, skid marks, the police report, and eyewitness testimony to reconstruct the events leading up to the accident and the accident itself using advanced technology. This is a key component in many car accident claims for damages like medical expenses, lost wages, and compensation for pain and suffering.

Mechanical Experts in Car Accident Claims In San Diego

Sometimes a mechanical malfunction, defective tire, or faulty car part causes an accident or contributes to injuries in a car accident. In these cases, the manufacturer of the defective part or a negligent repair shop could bear liability in the accident. Proving that a defective auto part caused an accident requires consultation and sworn testimony from experienced mechanics as expert witnesses to make a compelling case against the at-fault party.

Highway Safety Experts May Play a Role in Some San Diego Car Accident Cases

Some car accidents directly result from a safety hazard present on the road like a crack, pothole, or construction obstacles, a poorly planned intersection, the lack of adequate signage, or foliage overgrowth blocking signs. When a road safety hazard causes a car accident, a city, county, state, or federal government entity may be at fault for the accident and liable for damages. In these cases, a highway safety specialist is a necessary expert witness to demonstrate the cause of the accident or how the roadway hazard contributed to the car accident.

Medical and Vocational Expert Witnesses in California Car Accident Claims

Recovering compensation after a car accident in San Diego requires more than just proving fault in an accident. Injury victims must also provide evidence of their damages, like medical expenses, lost wages, and future income loss. A medical expert witness is essential for providing testimony on the nature of the car accident victim’s injuries, their expected pain level until they reach their maximum medical improvement, any necessary rehabilitative therapy, and their level of disability after a severe or catastrophic injury. In addition, vocational experts and occupational therapists may help to prove the injury’s impact on an accident victim’s ability to work at their previous capacity or whether or not they can return to work at all.

Expert Witnesses Interpret Data for Juries

Expert witnesses have an important role to play in direct compensation claims against an insurance company or in a lawsuit in court after a San Diego car accident. When a case requires litigation in court, an expert witness helps convey important information to the jury in a way that an average person can understand so they can make an informed decision in the case.