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An expert witness in a Maryland truck accident can help you prove liability and secure maximum compensation for your injuries. To prove anything at trial in a truck accident case, we must do so by a preponderance of the evidence. This means we must convince a jury it is more likely than not that something occurred. An eye witness is sufficient for many parts of your case, such as whether a trucker runs a red light. But what if we do not have information on any eyewitnesses? We may turn to an expert witness who will testify within a reasonable degree of professional certainty that the truck must have been going a certain speed based on the timing of the light cycle. But expert witnesses do not just fill in the gaps that a lack of eyewitnesses leaves.
Truck accidents can be complex, involving intricate factors such as vehicle mechanics, road conditions, and compliance with federal trucking regulations. Far more rules and regulations govern truck accidents than most motor vehicle accidents. To navigate these complexities, we require expert witnesses to testify to the court and provide a professional opinion to convince the jury. Note a couple of key aspects of expert witnesses in a Maryland truck accident. First, this is a cost of litigation, and they can be expensive. Thus, we should consider the total cost of litigation before filing a lawsuit to determine whether it is worth proceeding. Second, the defense will attempt to counter our expert with one of their own. Thus, for any cost we must cover, the defense must do the same. Accordingly, both sides are disincentivized from filing a lawsuit in many cases.
Of course, if we cannot reach reasonable terms, we will not settle and will proceed to trial.
Many types of expert witnesses in a Maryland truck accident can be valuable. Below, we focus on the more common expert witnesses and how they might affect your claim.
An accident reconstructionist is the quintessential expert witness in a Maryland truck accident. Their role is to analyze physical evidence from the accident scene. Such physical evidence may include skid marks, vehicle damage, and road conditions to recreate the sequence of events leading up to the crash. These are most valuable when no eyewitness is set to support your claim. This type of expert aims to help the jury determine who is at fault and establish liability. While some experts exist to show the value of any past or future damages, we must prove liability before even considering what your case is worth.
If we fail to prove liability, the case’s value will fall on you and your insurer. Accident reconstructionist expert testimony for the plaintiff will be weighed against testimony from the defense’s expert. Of course, if they decide not to present an expert, something we should know beforehand, we should have no issue with liability. However, just because they do not put up a fight on liability does not mean that we no longer have a duty to make our case. The burden of proof still falls on us. Thus, even if there is no defense at all, we still must convince a jury it is more likely than not that the elements have been satisfied.
Once we move past liability, we consider damages. An economic expert is a general expert meant to evaluate and testify to financial losses caused by an accident. This expert witness in a Maryland truck accident can testify to any loss of future earning capacity. This is critically important in a truck accident case, where broken bones and other consequential injuries often occur. For example, suppose you fracture a part of your spine. With such a severe injury, you may never fully recover. This could ever again inhibit your ability to lift heavy objects in your construction job. When that happens, you may have to switch careers. Remember, you have a duty to mitigate your damages as a plaintiff.
Thus, you cannot simply sit back and collect a lifetime salary because of your injury. Instead, you must seek employment at the next best job you can find. The economics expert will explain to the jury what your options are. Of course, if you previously worked construction and the next highest paying job is exceedingly degrading compared to your last job, you may not have to do that job.
Medical experts are critical expert witnesses in a Maryland truck accident. Their purpose is to testify about the nature and extent of the injuries sustained in the accident. Given the facts of the case, they may speak to how the injury could have occurred. Meanwhile, the expert on the other side may testify as to how you could never have sustained a head injury in this type of truck accident, given how the vehicles collided. But the role of the medical expert expands beyond that. They also testify to any long-term prognosis and necessary medical treatments in the future. This is impactful testimony as it sets to include future damages. When one thinks of damages, they typically think of the hospital bills they have due. However, by theorizing any potential treatments down the line, the plaintiff is protected should something related to the truck accident arise.
An expert witness in a Maryland truck accident proves liability in any number of ways. As alluded to above, an accident reconstruction expert can analyze vehicle speed, road conditions, and the angle of impact. But there are expert witnesses unique to the trucking industry that can be impactful for liability in your case. For one, a trucking industry expert can testify about safety violations, such as a driver exceeding federal hours-of-service limits or failing to maintain the vehicle properly, thereby proving negligence by the trucking company or driver.
Moreover, an engineering expert may testify that the truck failed due to a mechanical issue within the truck. These experts can examine the truck’s equipment and testify about design flaws or maintenance issues that led to the crash. Of course, this reverts to whether the truck was properly maintained. A failure to maintain the truck may lead to a balance issue, which can lead to a rollover accident.
Our attorneys will communicate with an expert witness in a Maryland truck accident from the jump to ensure all bases are covered for your case. We do this by discussing collected evidence and having the expert analyze it, whether it is data from the crash site, medical records, or financial statements. Then, while preparing for trial, we organize the information from the experts in a compelling manner to build the most robust case possible. We also work with experts during depositions. Our aim is that they present their evidence clearly and effectively to the judge and jury. We want the witness to break down technical concepts into words that are easy to understand.
If you are in a truck accident in Maryland and are considering taking your case to court, call our office today.
We provide free consultations and case evaluations at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.