Accident Reconstruction for Truck Accident Claims

March 17, 2022
dhdlaw

The most recent data from the National Safety Council reflects a 36% increase in the number of deaths caused by large truck crashes since 2010. In 2019, a total of 5,005 people died as a result of large-truck crashes. 71% of those deaths were occupants of other vehicles involved in the accidents with the large trucks. 

Due to their enormous size and weight, collisions with large trucks often result in death or catastrophic injury. Because of this, and because of how the trucking industry operates, when you are involved in an accident with a large truck is it imperative that you have an attorney experienced in truck accident claims in Easton on your side. Your attorney will know how to proceed to ensure your right to compensation is protected, and that includes hiring an expert to reconstruct exactly how the accident occurred. 

How Accident Reconstruction Works

After a serious accident, it is often crucial that the accident is reconstructed by experts to determine how the accident occurred. An accident reconstructionist is typically someone that has been employed by law enforcement and had specialized training. They gather evidence and analyze data to reconstruct and determine the factors that led to the collision. That evidence may include:

  • The pattern of damage on the vehicles involved
  • Any surveillance video
  • Tire marks or other indicators left on the ground

One important factor for the accident reconstructionist to consider is the resting positions of the vehicles once the collision is over. This is because once all of the evidence and data are compiled, it is then used to create a simulation program. By running the simulation over and over, changing the information input a little each time, an accident reconstructionist will eventually recreate the accident in such a way that the simulation replicates the aftermath of the accident. In other words, the resting positions of the vehicles in the simulation will match the resting positions of the vehicles in real life. It is in this way that the accident reconstructionist is able to reliably determine information that may have previously been unknown, such as:

  • The speed at which the parties were traveling when the accident occurred
  • When each party accelerated and decelerated their vehicles
  • The angle of impact
  • The direction each party was traveling

Precision is crucial when reconstructing accidents, as a lot hinges on what conclusions the accident reconstructionist is able to draw. Namely, by reconstructing the accident, a conclusion can be reached as to who caused the accident. Fault, and the liability of the person or persons that caused the accident, are at the heart of proving liability and recovering restitution for truck accident claims in Easton.

The Importance of Proving Liability On Large Truck Accident Claims in Easton

Accident reconstruction can be time-consuming and costly but can be well worth the investment when it is necessary to prove that the other party was mostly at fault. This is because Pennsylvania is a comparative negligence state. 42 Pa. C.S. §7102 states that a plaintiff is able to recover damages for death or injury even if they are partly at fault as long as “such negligence was not greater than the causal negligence of the defendant… but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.”

In other words, when a person is in an accident with a large truck, they (or their family, if they died as a result of the accident) may sue for damages as long as they are less than 51% to blame for the accident. For example, if you are involved in an accident with a large truck and it is determined that you are 30% to blame for the accident occurring, you may still recover for the damages you sustained. However, the amount that you recover shall be reduced by 30% due to your being 30% at fault. 

If it is determined that you are 51% or greater at fault for the accident occurring, then you may not be awarded any compensation whatsoever. This is why it is so important to prove liability in large truck accident claims in Easton

Our Attorneys Handle Truck Accident Claims in Easton  

Large truck accidents often wreak havoc on the persons involved. From catastrophic injuries and property damages to death, they leave a trail of destruction. The good news is that you do not have to manage the aftermath alone. The attorneys at our firm have the experience you need for handling truck accident claims in Easton. We may be reached by calling 888-777-7098 or via our contact page.