What Is a Car Accident Expert Witness?

A car accident expert witness is a professional who provides testimony about their field of expertise. This specialized knowledge can be an essential way to prove liability, increasing the likelihood of receiving fair compensation.

Our Chicago personal injury attorneys have a large network of professional connections, from medical experts at Northwestern Memorial Hospital to accident reconstruction specialists. Contact us today to learn about which expert witnesses might be best for your car accident case.

What Types of Expert Opinions Are Used to Support Car Accident Cases?

Expert witnesses provide testimony on technical issues that the typical juror, judge, or insurance adjuster cannot understand from their experience.

They may clarify causation, use demonstrative evidence to show how the accident occurred, or explore human factors like how a person’s injuries may impact their earning capacity and quality of life. Our team will secure a range of expert testimony, including medical, technical, and scientific experts.

Accident Reconstruction Expert Witnesses

Accident reconstruction expert witnesses provide reports showing how the crash occurred based on technical and scientific evidence, such as:

• Skid marks
• Vehicle damage
• Vehicle data
• Weather conditions
• Speed and force

Information from accident reconstruction can explain each party’s actions and how they contributed to the crash. They may use 3D models, charts, diagrams, and simulations to present these in a way a jury can understand.

Medical Expert Witnesses

Doctors, surgeons, and other medical expert witnesses can explain the scope of injuries, treatments, and prognosis for recovery. This is often crucial for proving damages and refuting insurance claims about pre-existing conditions.

For example, some car accident cases involve delayed-onset injuries, like back pain or foot drop. Since these weren’t apparent immediately after the collision, insurers may claim the injury is unrelated. Doctors can explain that delayed onset is typical for this type of injury.

Toxicologists can analyze tests to determine whether drug or alcohol impairment contributed to the crash. This can be a valuable way to establish liability in a scientifically sound, admissible manner.

Mental Health and Pain-Management Experts

Psychologists, therapists, and pain specialists can assist in proving how emotional trauma, PTSD, trauma, chronic pain, and long-term psychological impact are connected to the accident. These expert witnesses are invaluable for ensuring that non-economic damages like pain and suffering are included in a settlement.

Highway Engineering and Road-Safety Experts

In some cases, collisions occur because of poor road design or maintenance. However, suing the Chicago Department of Transportation or other municipal agencies is difficult under the Tort Immunity Act (745 ILCS 10/), making it crucial to have highway engineering and road safety expert witnesses who can explain how road factors could have contributed.

These specialists provide reports about road design, traffic controls, signage, lighting, visibility, and infrastructure maintenance issues. As an example, they might show how Chicago’s reversible lanes on the Kennedy Expressway or contra-flow bus lanes along Adams Street didn’t have adequate signage, leading to confusion. These are directly permitted by the city (9-20-020), so issues with these lanes would make the City of Chicago liable.

Vehicle and Mechanical Experts

Illinois allows accident victims to sue motor vehicle manufacturers under the Product Liability Act (735 ILCS 5/2-621) if the crash occurred due to manufacturing defects or a flawed design. Mechanical and vehicular expert witnesses can look at vehicle damage to identify brake failure, tire defects, steering issues, or other factors that could shift responsibility to manufacturers, parts dealers, repair shops, or maintenance companies.

Economic and Vocational Experts

Calculating car accident settlements can be complicated, as there are both financial and emotional factors involved. Economic experts can calculate lost wages and diminished earning capacity, while vocational rehabilitation expert witnesses will evaluate a plaintiff’s potential for future employment. Life-care planners will also discuss the person’s future medical needs and long-term disability costs.

With their expert testimony, attorneys can justify vocational training, home health services, and other disability needs.

How Expert Testimony Can Increase the Value of a Car Accident Claim

Expert testimony is essential in more complex cases, such as those involving commercial vehicles, disputed liability, or multiple vehicles. If the collision mechanics are unclear, accident reconstruction expert witnesses can provide technical and scientific information showing which party is at fault.

In cases of wrongful death or serious injuries, insurance companies will often undervalue the claim. Expert testimony can increase car accident settlement amounts through careful analysis of the relevant details.

This can also lead to a better settlement offer before trial by proving the strength of the case, as insurers want to avoid the high legal fees involved in litigation.

Why You Need an Experienced Attorney

In Chicago, expert testimony must meet reliability standards to be admissible. The US Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993),established the Daubert Standard, which places trial judges as gatekeepers of expert testimony.

Illinois has the Frye standard, which requires that an expert’s methodology must be generally accepted in the relevant scientific community. However, the Illinois Supreme Court has adopted elements of the Daubert Standard. This means a judge can determine whether a person is qualified to testify as an expert based on training, experience, and the scientific principles underlying their opinion.

Working with a personal injury attorney is the best way to find qualified expert witnesses. We have a comprehensive network of experts from which we will find, vet, and prepare the right one for your claim.

A Chicago car accident lawyer from our firm will ensure each witness provides objective, bias-free testimony and that their expertise meets applicable standards. We’ll also consider whether they have the communication skills necessary to effectively present their analysis to a judge and jury.

Our attorneys will gather supporting evidence, coordinate expert witness reports, and determine the appropriate legal strategies based on the available testimony. This ensures our clients have the best chance of a successful claim.

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Expert testimony is crucial to a strong car accident case, as it can overcome insurance company challenges and maximize compensation. Our Super Lawyers®-rated firm has over 100 years of combined legal expertise, having represented thousands of clients in Chicago. During this time, we have cultivated a comprehensive network of professionals who can offer specialized, objective testimony about complex technical details.

We work on a contingency fee basis: no fees unless we win. This ensures that a broad range of car crash victims can benefit from our legal advocacy. Contact a Chicago traffic accident lawyer today for a free consultation.