Expert witnesses in a Maryland car accident are pivotal in establishing critical elements and building a case. To prevail on a negligence cause of action, we must prove four elements by a preponderance of the evidence. That means we must convince a jury that it is more likely than not that each of the four elements occurred. Sometimes, an eyewitness is sufficient to prove how the accident occurred. We can even use photographs of the wreckage to show a jury how the accident happened. If it is a rear-end accident, photographs may suffice. However, certain pieces of evidence require expert testimony to establish. This is separate from all other forms of evidence. For evidence to be admissible, it must be relevant. Typically, relevant evidence is evidence that was at the accident scene. It may be an eyewitness, a photo of a skid mark, or property damage to a vehicle.
An expert witness presents a perspective on a topic that may otherwise be foreign to a jury. That is why we need an expert witness. Eyewitnesses can testify about what they saw, and a jury can understand that. However, the available types of expert witnesses in a Maryland car accident may be necessary to establish elements that may otherwise be too difficult to understand. Or, it may be something that an eyewitness, without proper training, cannot properly attest to. If it is a complex concept like medicine or vocation, we do not want a person who is uneducated on the topic to speak to the jury and say things that may not be true.
That is why a court may allow the legal defense team to question a witness’ expertise. However, most defense counsel will accept that a witness is an expert if we introduce an expert witness as such.
You may think that people understand how to operate vehicles independently of experts, and that is true. However, as we will discuss, various components require an expert’s opinion, whether reconstructing the accident or evaluating a loss of capacity.
Also, it is essential to note that what an expert witness in a Maryland car accident testifies is not necessarily taken as true. It is up to the fact finder, the jury, to determine the truthfulness of the testimony. This testimony will be contrasted with the expert witness introduced by the defense counsel. Also, note that we generally must pay an expert witness. This is unlike an eyewitness, who we can subpoena to show up and testify at trial. A failure to do so may lead to the witness being held in contempt of court.
Whether expert witness testimony is admissible will depend on whether it can pass a test. The Daubert test has a set of five factors that a judge can use to determine whether expert testimony is admissible. These factors are:
There are countless types of expert witnesses in Maryland car accidents. We use experts for specialized knowledge, skills, education, or experience in a particular field. The number of fields that could be useful related to car accidents is infinite.
A typical witness cannot speculate on the witness stand about how the accident occurred unless they personally observed it. An accident reconstructionist expert witness in a Maryland car accident can use his knowledge of physics, engineering, and accident investigation techniques to pinpoint factors that may have contributed to the accident’s causation. Causation is a critical element of negligence. One thing many accident reconstructionists are known to calculate is the speed of a car before it hits the plaintiff. Experts can use the time cycle of the lights to determine the minimum speed at which the vehicle must have been going. They can also detect skid marks and use them to calculate how the accident transpired.
A medical expert is the only one who can testify regarding the extent and severity of your injury. This is imperative for calculating the value of your case. We must be able to determine how much your future medical costs will be. Accordingly, we may hire a medical expert witness in a Maryland car accident case who testifies that you will have indefinite migraines and require prescription pills at $200 every month for the rest of your life. Meanwhile, the defense team may hire an expert who testifies that you cannot possibly have a migraine from the type of injuries sustained and that a $200 per month prescription is unwarranted given the symptoms you have reported.
Ultimately, which version the jury chooses to believe will depend on the quality of the expert witness and the facts of your case. We may put you on the stand to testify about your symptoms if beneficial. Whether we call you to testify is decided on a case-by-case basis. It will not be a surprise if we call you to the stand. We will inform you of this decision before trial.
A human factors expert is a less common expert witness in a Maryland car accident case. However, if we suspect the defendant was distracted by their phone when they caused the accident and this fact is material to winning your case, we will call a human factors expert to the witness stand. This expert will testify to human perception, decision-making, and reaction times about driving tasks. They may testify about driver impairment. They can examine toxicology reports, witness statements, and phone records to assess whether impairment contributed.
A vocational expert is a critical and common expert witness in a Maryland car accident. We use a vocational expert to quantify the impact of your loss of future earning capacity. If a severe car accident causes permanent injury, you may be unable to work in the same field of work as before. Consequently, the accident may force you to take a lower-paying job. This is fundamentally unfair, and you deserve compensation for it. Further, if you suffer from mental or emotional damages because of your accident, your trauma may prohibit you from performing specific work. This is harder to convince a jury of because it is intangible, unlike an x-ray. However, a vocational assessment by an expert may be sufficient to recover damages for emotional trauma as it relates to a loss of earning capacity.
A vocational expert will analyze the impact of your injury by first considering your information from before the accident. The expert will then contrast that with your condition after the accident and determine the value of your claim. They will also consider things that are harder to calculate and value, like how your likelihood of promotion will be affected if you miss time from work.
Our accident attorneys are happy to discuss expert witnesses in a Maryland car accident. If you are injured due to someone’s negligence, call our office today for a free consultation.
Our office number is (202) 331-7227.
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