How to Reconstruct an Accident for a Personal Injury Case

During a trial, an accident reconstructionist recreates the accident to assist the judge or jury in deciding fault and the amount of liability attributable to each party. Reconstructing an accident is not difficult, but must be done in a way suitable to the type of trial, judge or the jury and for what the party hopes to prove through the reconstruction.

What is the Point of Your Reconstruction?

The first consideration to make when developing an accident reconstruction method is to determine what you want to use the reconstruction to show. Do you want to show fault or lack of fault? Do you want to show recklessness, negligence or impossibility? Identifying your purpose for using an accident reconstruction will guide you in making it so that it will fulfill that purpose.

Identify Your Audience

Next, identify which audience you intend the reconstruction to benefit. A judge has a much higher technical and legal understanding than a general jury layperson. Your reconstruction must be geared towards the proper party. Do not make an extremely simple reconstruction to present to a judge as it will be unhelpful and irrelevant to his decision making.

Remember That You Might Not Have the Last Word

Any evidence, including a visual aid, used during a trial can also be used by the other party. This rule does not permit the other party to mark or destroy your reconstruction, merely to refer to it when rebutting your arguments. Therefore, understand that whatever you put on your reconstruction can be used by the other party; make sure that it fairly and accurately reflects the accident and is not improperly skewed to your side.

Be Organized

The best reconstructions are also often the most simplistic. Keep your reconstruction simple and neat and as organized as possible. Use separate colors and an easy to read font to indicate streets, landmarks and the different parties.

Make It Tangible

Similarly, make a reconstruction permanent and not a live-action sequence. Not only is a recreation of the accident impossible and not permissible in court, but it also cannot later be referred to by the judge or jury. The best bet is to make a reconstruction using a computer program or a poster board that can be carried with the decision maker when it comes time to deliberate. 

Get Legal Help

Introducing accident reconstructions in court is highly complex and must be done according to specific rules. If you are considering introducing an accident reconstruction in court, seek legal assistance.

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