The Role of Expert Witnesses in MVA Cases

Motor vehicle accidents may appear simple and straightforward in the immediate aftermath, but expert witnesses can peel back the layers of what really happened and translate evidence into something regular people understand. It’s not uncommon for insurance companies to dispute how an accident occurred, who caused it, or if a victim’s injuries are real. Expert witnesses from different fields of expertise can chime in, providing valuable testimony that holds negligent parties accountable.

As North Dakota car accident attorneys, we know how hard it can be to get an insurance company to admit fault. Let’s talk about your options now. Call Larson Law Injury & Accident Lawyers today to schedule a consultation.

What is an expert witness in a North Dakota car accident case?

An expert witness is someone who has specialized training, knowledge, or experience that makes them qualified to give insight into a specific area in a personal injury case. While eyewitnesses saw what happened and can comment on what they observed, expert witnesses look at evidence after the fact and explain it in the context of their area of expertise.

In North Dakota, expert witnesses have to meet certain qualifications, per the North Dakota Rules of Evidence. They can be deemed an expert due to their knowledge, skill, experience, training, or education. They can testify if their scientific, technical, or otherwise specialized knowledge allows the judge or jury to better understand the facts and evidence of a case. Because expert witnesses are cross-examined by the other party’s attorney, their credentials and track record should stand up to aggressive questioning.

Common types of expert witnesses used in MVA cases

Your North Dakota car accident attorney may bring in a number of expert witnesses for your case, depending on the complexity of the accident and the challenges posed by the insurance company.

Accident reconstruction experts

Accident reconstruction experts are a very common resource for vehicle accident lawyers. They rely on a wide range of evidence to make their determinations, including:

• Skid marks and other roadway evidence
• Damage patterns on vehicles
• Scene measurements
• Photographs and video footage
• Event data recorders and vehicle computer data, if possible

Their input can be especially valuable when there are disagreements regarding causation and liability. Based on damage patterns and photos, they may be able to answer questions regarding speeding, braking, lane position, and the speed and point of impact.

Medical experts

Medical experts are an excellent resource when the insurance company questions the nature, cause, and severity of injuries. For example, if you suffer a moderate TBI in a crash and the insurance company tries to claim that it cannot have been caused by the collision, the doctor may explain how certain types of impact can be consistent with the type of TBI you sustained. They may be called on to explain:

• Type and severity of injuries explained
• How a collision caused or aggravated those injuries
• What type of treatment you may need in the future

Medical witnesses are especially helpful when a victim has complex spinal injuries, traumatic brain injuries, or multi-system injuries that the average layperson cannot understand.

Biomechanics experts

A biomechanics expert can look at the forces involved in a collision and explain how those forces affect the human body. Claiming that an injury can’t have been caused by an accident because the injury is too severe is a common tactic for insurance companies, and biomechanics experts can challenge their claims. They may evaluate vehicle movement, where the victim was in the vehicle, and impact force to explain how the mechanics of the collision are consistent with the injuries reported.

Vocational and economic experts

For many accident victims, the loss of income is one of the most significant financial losses in their case. Vocational and economic experts can look at the victim’s earning history, education, and career path to better understand exactly how a crash may affect them moving forward. They can detail:

• How the injury may keep the individual from returning to work
• Any limitations the individual may face as they seek work moving forward
• How much the individual is likely to lose throughout their working years in income, promotions, bonuses, and benefits

Cases involving permanent or catastrophic injuries can often benefit from this type of expert, as they may be able to calculate a victim’s full financial losses in a way that forces an insurance company or jury to understand how the victim has been affected.

When are expert witnesses worth it in a North Dakota car accident case?

Expert witnesses aren’t always necessary, but they are very helpful in complex cases where fault is disputed. Attorneys may also call on expert witnesses if there are severe, complex, or permanent injuries involved. Expert testimony may be needed if there is substantial money on the table due to high insurance coverage limits or if the defense brings their own experts to the table. When the defense has expert witnesses, not having your own can make your case look weaker in comparison.

How expert witnesses can strengthen your injury claim

When used appropriately, expert witnesses can improve motor vehicle accident claims in multiple ways. Their input can establish liability, support medical causation, explain financial damages, and lay the groundwork for full and fair compensation.

The insurance company will poke holes in your case wherever they can. Expert witnesses can help patch those holes by using their professional background and knowledge to provide context.

Challenges and limitations

There are challenges you may face with expert witnesses. You should expect the opposing side to challenge their credibility, and unproven expert witnesses may struggle to explain concepts in a clear and understandable way, further confusing the jury.

Choose Larson Law Injury & Accident Lawyers for your motor vehicle accident claim

Choosing the right legal team means getting access to the experts and resources your case needs. Give us a call today or send us a message online to set up a consultation now.