Do I Need an Accident Reconstructionist for My Truck Accident Case?

What is an Accident Reconstructionist?

Accident reconstruction is the science of figuring out how a wreck happened and why. An accident reconstructionist’s job is to reconstruct the sequence of events leading up to an accident. It is important that their conclusions must be accurate. Accident reconstructionists must be skilled in physics, engineering, biomechanics, and forensic analysis. Utilizing advanced technology and scientific methodologies, accident reconstructionists examine factors such as vehicle dynamics, road conditions, and human factors to determine key elements such as vehicle speed, points of impact, and causation. Their objective analysis and expert opinions play a crucial role in legal proceedings. They help us determine what happened and who is at fault.

Many accident reconstructionists have a background in law enforcement or engineering. Accident reconstructionists are usually employed by attorneys to provide objective analysis of crash dynamics. Their services are needed from the wreck all the way to the trial. When hiring an accident reconstructionist, it’s essential to look for professionals with extensive experience, specialized training, and a track record of successful reconstructions. An experienced and qualified reconstructionist’s goal should not be to make their findings agree with either the plaintiff or the defense, but instead to give an accurate representation of factors that led to the accident, based on their findings.

One of the first questions I get asked by clients is why the wreck happened. Especially in catastrophic injury cases or wrongful death cases the family and the victim want to know what happened and why. Accident reconstructionists provide valuable guidance and answers to these clients.

But don’t the Police do their own Accident Reconstruction?

Although one might assume that there’s no need to hire an accident reconstructionist because the police department will do their own reconstruction, unfortunately, many police departments simply don’t have accident reconstructionists. Police departments don’t always have the money to hire or train an officer in reconstruction. Many police departments don’t have the money to purchase the equipment or software that is needed by an accident reconstructionist. This is especially true in semi-truck, wrecker, flatbed, and other commercial motor vehicle accident reconstruction which is more complicated than reconstructing a car accident. The top accident reconstructionists have access to very expensive technology and machinery to help them reconstruct an accident.

During Episode 1 of my podcast, After the Crash, I interviewed Kevin Johnson, a principal accident reconstructionist on over 3,000 crashes, who’s experience has taught him that police departments do not always have the resources to get as accurate information as private accident reconstructionists:

“There’s not a lot of equipment out there at the public level. When you get into passenger vehicles and data downloads, you would think that just about every department should have the ability to do that. They don’t.” – Kevin Johnson

Additionally, accident reconstruction technology is constantly changing, and police departments do not have the budget to constantly buy new machinery. A private accident reconstructionist, however – if they want to get more clients – will purchase the most advanced technology and spend as much time as necessary to be as accurate as possible.

When to Hire an Accident Reconstructionist?

Accident reconstructionists are typically hired by various parties involved in a legal dispute or investigation following a serious accident. Unfortunately, the police report is sometimes wrong and cannot be relied on. Hence, accident reconstructionists are chosen to determine how an accident occurred, why it occurred, and to refute claims made by the opposite. These parties may include insurance companies, trucking companies, attorneys, law enforcement agencies, and private individuals seeking to understand the circumstances surrounding an accident. Attorneys often collaborate with reputable reconstructionist firms or individual experts who possess the necessary credentials and expertise to thoroughly analyze the accident scene, collect pertinent data, and provide expert testimony if required in legal proceedings. Choosing the right truck wreck attorney is crucial because the best truck wreck attorneys are those who already have connections with specialists and expert witnesses like accident reconstructionists. They don’t have to waste time trying to find the right accident reconstructionists because they already have them on speed dial. More importantly, they don’t pick the wrong reconstructionist who can potentially ruin a good case.

Why is it important to get to the scene as quickly as possible?

A law firm must act quickly to preserve data from the wreck. They need to hire investigators and reconstructionists quickly.  If they wait weeks to come out, the crucial evidence might already have disappeared or been destroyed. Also, many defense lawyers are required in their contracts to be at the scene of the wreck within 24 hours. This is because insurance and trucking companies understand how important it is to collect and preserve as much evidence as is possible. Depending on how quickly an accident reconstructionist is called to the scene, they may be able to take pictures of evidence like tire positions, gouges in the road, or scattered car parts which when collected, can help the accident reconstructionist have a more complete picture of the crash. Other evidence, like retail, highway or neighborhood cameras with video have no legal requirements for how long they must preserve the video. Therefore, it is important for accident reconstructionists or an investigator to get out to the scene quickly, to scout which cameras might be available, and either they or the attorney will be able to request any video. As stated previously, most police departments do not have trained accident reconstructionists. They don’t know which types of evidence that accident reconstructionists need to get the most accurate information. Unfortunately, if an accident reconstructionist or investigator isn’t hired for a year, the only evidence that the accident reconstructionist might have available is information from the police report, which makes it much more difficult for them to reconstruct the accident.

On Episode 32 of my podcast, After the Crash, I interviewed Mike DiTallo, a former law enforcement officer turned accident reconstructionist who taught at the Traffic Institute at Northwestern University, who emphasized the importance of hiring an accident reconstructionist as soon as possible:

“It’s important to go out and gather physical evidence as quick as possible and to actually do that work. We get that call and we suggest we go out right away.” – Mike DiTallo

When Should you Hire an Attorney after a Semi Wreck?

The Role of Accident Reconstructionists in a Truck Wreck Case

Site Documentation

The site documentation phase is often part of the accident reconstructionist’s work. Sometimes a law firm will send out an investigator trained in gathering evidence to the scene if the reconstructionist is not immediately available. They will travel to the accident scene and mark any physical evidence from the crash in the environment. They will take lots of photos of the scene from lots of different angles, called ground photography. Skid marks, tire tracks, and debris patterns at the scene are examined and documented to determine vehicle trajectories, braking distances, and points of impact. These observations help reconstruct the sequence of events leading up to the accident.

Drone Analysis

They will often use a drone to take photos and to scan the scene. Drones are used to capture detailed aerial footage and images of the accident scene, providing an overview of the entire area, and documenting key features such as roadways, intersections, and surrounding landmarks. This aerial perspective helps reconstructionists gain a comprehensive understanding of the scene and the factors that may have contributed to the accident. By flying the drone over the area and capturing images from multiple angles, reconstructionists can generate detailed maps and digital models that accurately depict the scene’s layout and geometry. Drones also are useful in cases where areas of the accident scene that may be difficult or dangerous to reach on foot This includes areas with steep terrain, bodies of water, or hazardous materials, allowing reconstructionist to gather data from a safe distance.

Scanning the Scene

Another important tool for accident reconstructionists is a scanning and surveying tool called a cloud point scanner. Point cloud scanners allow accident reconstructionists to record every measurement that they might need at the crash site. These tools are expensive but are critical in scanning every inch of the scene of the wreck. This detailed information allows the reconstructionist to do exact calculations back at the office using accurate measurements along with other data they collected from the vehicles.

The reconstructionist examines the geometry of the roadway, including lane markings, curves, grades, and intersections. They will calculate sight visibility. Sight visibility is the ability for drivers to see something like objects, hazards, or other vehicles on the roadway. They calculate sight visibility at many different points to prove whether a driver could see the other car or obstacle on the roadway. Because a laser is used, point cloud scanner measurements are very precise. This data is then used to create a 3D animation of the collision. A 3D animation can be used in court to make it easy for a jury to understand the mechanics of how a truck happened.

Vehicle Inspection

It is important that an accident reconstructionist can perform an inspection of all vehicles involved in the wreck. During an inspection, accident reconstructionists will take detailed photographs of the property damage on the vehicle. Close-up shots may focus on specific areas of damage, such as point of impact, tire marks, and structural integrity. The interior of the vehicles is inspected for damage along with whether airbags deployed or not, and any other indicators the accident reconstructionist can use to determine force and direction of impact.

Just like the scene, the vehicles are often scanned so that the exact measurements of the vehicle are stored and can be useful in future calculations or evaluations.

Often, an accident reconstructionist will work with a mechanic at the vehicle inspection to determine a mechanical failure could have been a factor in the wreck. Examination of vehicle components such as brakes, tires, and steering systems can provide insights into whether equipment failures or malfunctions contributed to the accident.

What is a Semi’s “Black Box?

Just like airplanes have “black boxes,” the equivalent to a “black box” on a commercial motor vehicle is called an Electronic Control Module (ECM). The ECM records different data points before, during, and after an accident or an almost accident. In the event of an accident, the information stored in the truck’s black box can provide valuable insights into the circumstances leading up to the crash, helping accident reconstructionists, investigators, and attorneys understand what occurred and determine liability. Accident reconstructionists can use the ECM to determine different data points such as:

• Braking
• Vehicle speed
• Engine RPM
• Throttle positions

Depending on the commercial motor vehicle and the severity of damage to the semi, accident reconstructionists will either access the ECM through the vehicle and download the data themselves, or they might have to send the ECM off to be analyzed. By analyzing the vehicle’s speed and acceleration data recorded by the ECM, reconstructionists can calculate key parameters such as impact speed, braking distances, and changes in velocity leading up to the collision. This information helps reconstruct the sequence of events and determine factors contributing to the accident. ECM can be instrumental in legal proceedings, insurance claims, and accident investigations, providing objective evidence to support or refute claims made by involved parties.

The truck driver’s ECM can only store so many hard braking events, though, which is why it’s important that the accident reconstructionist get to the scene of the crash as quickly as possible; because if the truck is drivable or could be drivable, then the important data that the reconstructionist uses in a truck case might not still be available.

Data Analysis

Once accident reconstructionist have collected as much data as possible, they will analyze the collected data to reconstruct the sequence of events leading up to the accident. On Episode 19 of my podcast After the Crash, I interviewed Steven Grundhoefer, a civil engineer who has over 10 years’ experience in the accident reconstruction field who summarized very simply why accident reconstructionists collect so much data:

“ The more data, the better job you can do, and the more pieces to the puzzle you have.” – Steve Grundhoefer

What kind of Data does an Accident Reconstructionist use?

It is important that accident reconstructionists leave no stone unturned. In today’s world, accident reconstructionists have access to many important forms of data that they didn’t have even 20 years ago. Their goal is to collect as much evidence/data as possible during their investigation. During their investigation, accident reconstructionists may collect data using:

• Dash Cameras
• Highway cameras
• Doorbell Cameras
• Retail Cameras
• Cell Phone Data
• GPS Data
• Airbag Control Modules (ACM) – Under Federal Law, every car with an airbag system must record data. This is accessed using the Airbag Control Modules, which records data when an airbag is deployed, or in some cars, almost deployed. The kind of data accident reconstructionists can get using ACMs include vehicle speed at the point of airbag deployment and steering input.
• Collision Mitigation Services (CMS) or Automatics Emergency Braking (AEB) – These
• Electronic Control Module (ECM) – the “black box” of a semi
• Electronic Data Recorder – (EDM) – the “black box” of a passenger vehicle
• Navigation System Data – NGS can include GPS and route history. Navigation system data often includes timestamps for various vehicle-related events, such as starting and ending points of trips, stops along the route, and changes in speed or direction. By analyzing these timestamps, reconstructionists can determine the timing and sequencing of events leading up to the accident, helping to establish the sequence of actions taken by drivers.
• Police Reports – While police reports are not as detailed as an accident reconstructionist’s work, they can provide valuable information about the crash. Especially if the accident reconstructionist doesn’t get the opportunity to go out to the scene of the crash for several days or weeks, the weather conditions noted on the crash report are helpful to the accident reconstructionist as visibility and road surface conditions could me a major factor in causing the wreck.
• Witness Statements – The reconstructionist may interview eyewitnesses, drivers, passengers, and other individuals present at the scene to gather additional information about the accident. Witness statements are documented and recorded to corroborate findings and provide insights into the sequence of events.
• Photographs taken by clients or witnesses at the scene of the crash.
• Videos
• Scans of the scene and the vehicles

This involves using mathematical models, computer simulations, and specialized software to analyze factors such as vehicle speeds, trajectories, braking distances, and collision dynamics. By integrating data from multiple sources and applying principles of physics and engineering, reconstructionists develop a comprehensive understanding of how the accident occurred.

Accident reconstructionists might also need to do skid testing at the scene of the wreck to determine the friction coefficient. The friction coefficient changes based upon the road surface. Accident reconstructionists will use this number throughout their work to help identify how long it would have taken each vehicle to break during the crash. At interstate speeds, it takes semis double the amount of time that it takes a car to brake. This is why semis are usually required by their company to maintain a very long following distance. Accident reconstructionists work backwards to determine if the semi followed the recommended following distances or if they slowed down properly during ice or snow.

What do Accident Reconstructionists do in Court?

The best accident reconstructionists are accurate and credible accident reconstructionists. Their most important job throughout the case is to ensure that they are giving the jury and the attorney the most accurate information. Once the accident reconstructionist has analyzed all the data available and input that data into equations and computer programs, they will prepare a detailed report summarizing the findings of the analysis. This report typically includes a description of the accident sequence, analysis of contributing factors, and conclusions regarding causation and liability. An accident reconstructionist may present the attorney with a graphic or animation detailing their findings of how the accident occurred, what factors were involved, along with the evidence that supports their conclusions that will be used to support their client in court. Accident reconstructionists also might use computer simulations, and 3D models to visually demonstrate their findings to the court. These visual aids help jurors understand complex concepts and reinforce the reconstructionist’s testimony.

The accident reconstructionist will be called to defend their findings as an expert witness. When it comes to truck cases, the defense will likely also have their own accident reconstructionist. It is crucial that the information the reconstructionist is providing is accurate as their findings will be analyzed by the other side’s reconstructionist. An accident reconstructionist who can’t keep their cool on the stand, and who can’t defend their findings could cause that party to lose the case. It is important that they can interpret the other side’s findings and if they feel the defense’s report is inaccurate that they can defend their own findings. accident reconstructionists may be called upon to rebut or refute these claims. They use their technical expertise to challenge opposing arguments and provide alternative explanations supported by the evidence.

Accident reconstructionists conclusions play a crucial role in establishing liability and determining fault in truck accidents.

Curious to Learn More about Accident Reconstruction?

To learn more about accident reconstruction, I recommend tuning into Episodes 1, 19, and 32 of my podcast, After the Crash, which provides information to victims of semi wrecks about the investigative and legal proceedings that occur after a semi wreck. During these episodes, I interview 3 experienced accident reconstructionists who go into more detail about what accident reconstructionists do and the role they play during cases involving commercial motor vehicles:

• In Episode 1 I interview Kevin Johnson from Crash Consulting Services, who has been a principal accident reconstructionist on over 3,000 crashes.
• In Episode 32 of my podcast, After the Crash, I interviewed Mike DiTallo with Dynamic Safety, a former law enforcement officer turned accident reconstructionist who taught at the Traffic Institute at Northwestern University.
• In Episode 19 of my podcast After the Crash, I interviewed Steven Grundhoefer with Grundhoefer Forensic Engineering, a civil engineer who has over 10 years’ experience in the accident reconstruction field

How can an Experienced Truck Wreck Attorney Help Navigate Your Truck Wreck Claim?

The dedicated legal team at Craig, Kelley & Faultless LLC has the experience and skills to secure the evidence and identify all the potentially responsible parties after a truck accident. By employing accident reconstructionists, investigators, engineers, mechanics, and other experts, they will find out what happened, why it happened, and collect the evidence necessary to hold the wrongdoers accountable.

Contact us by telephone at (317) 545-1760 or fill out our online form for a free case evaluation of your truck accident.