There is often chaos at the scene of any serious accident here in Illinois or Indiana involving a motor vehicle, whether it is a pedestrian accident, semi-truck crash, or traffic collision between passenger cars, SUVs, minivans, or pickups. The force of impact may damage or destroy the vehicles themselves, as well as surrounding property. There can be fires that erupt, too, from things like escaping fuel or electric shorts that exacerbate the destruction. And, of course, there are the devastating and sometimes deadly damages suffered by those victims involved in the accident itself.
Determining why every catastrophic motor vehicle accident happened in our part of the country is extremely important. Many different investigations will ensue to try and pinpoint all the reasons for what happened. See, Road Safety Rankings for Illinois and Indiana: the Danger of a Fatal Crash in Our Part of the Country.
One of the first will be those of law enforcement, where the determined causes can form the basis for criminal charges under state law. Others who may be on the scene very quickly will be the insurance adjusters and company investigators, especially when commercial vehicles like semis, big rigs, 18-wheelers, or tractor-trailers are involved. Later, independent investigations may be done by other governmental agencies as well as those advocating on behalf of the accident victims.
Some may assume that people like police officers, adjusters, agency representatives, or lawyers have the knowledge and expertise to make their own assessments of the situation and decide who or what is to blame. This is usually not the case in a serious crash.
Instead, independent professionals known as “accident reconstruction experts” or “reconstructionists” will become involved to use their expertise to opine on the reasons for why the (almost always) preventable accident occurred.
For instance, recently the Naperville Police Department called in its “traffic crash investigators and reconstruction specialists” to figure out what caused a deadly bicycle accident at the intersection of W. Ogden Avenue and Royal Saint George Drive this past Saturday. Read, “Naperville Police Investigate Fatal Traffic Crash involving Bicyclist,” released by the Naperville Police Department on September 23, 2024.
To learn more about the disturbing dangers of fatal bicycle crashes here in Illinois and Indiana, read our earlier discussions in This Week’s Funeral for Beloved NHL Gaudreau Brothers Spotlights Growing Danger of Fatal Bicycle Accidents and Fatal Bicycle Accidents in Illinois and Indiana: Safety and Injury Claims.
What is Accident Crash Reconstruction?
What exactly is crash reconstruction after a horrific motor vehicle accident? The Federal Motor Carrier Safety Administration (“FMCSA”) defines “crash reconstruction” as involving:
all the components of a crash investigation, plus additional data collection and analysis that “utilizes principles of physics and empirical data to analyze the physical, electronic, video, audio, and testimonial evidence from a crash to determine how and why the crash occurred” (SAE International). Crash reconstructions are typically completed by specially trained law enforcement officers or contracted third parties.
It is an effort based in science and engineering, where hypotheses are developed and tested using techniques and tools to obtain as much raw data as possible, not only from the accident scene but from witness testimony and other sources, such as black boxes and event data recorders. Some within the industry consider it an art form as well as that of engineering and scientific work. For more, read Struble, Donald E., and John D. Struble. Automotive accident reconstruction: practices and principles. CRC Press, 2020.
Also read: EDRs and Black Box Recordings in Car Crashes: Technological Data as Evidence of Fault in Personal Injury Claims and Black Box Data in Semi-Truck Crashes: The Importance of EDR Evidence.
Accident reconstructionists investigate collisions. They collect and analyze and form opinions. They will subsequently prepare written expert reports as well as things like video presentations to help explain their findings in layman’s terms. And if necessary, they will testify as expert witnesses in any hearing or trial (criminal or civil) to help the factfinders (jurors) reach their verdict.
The Complexities of Motor Vehicle Crash Accident Reconstruction
In a severe or deadly motor vehicle accident, there will be collision investigations to do things like go to the scene of the accident as well as to garages to examine the vehicles themselves to gather facts. They may interview witnesses. They may interview doctors, collect medical records, and even ask questions of the victims and their loved ones. Drones to gain an overhead perspective and complex computer models may all be involved here.
After all, these are complex situations where a great many facts from an intricate number of sources must be collected and organized not only regarding the time of the collision but circumstances that existed before the accident (“pre-collision”) as well as afterwards (“post-collision”).
Accident reconstructionists will speak in terms of things like the “First Point of Possible Perception,” which refers to the initial time and location of all the vehicles where their operators would have been able to recognize danger ahead. From this, they will do things like calculate reaction times, and “action points” where drivers make decisions in response to the danger.
They will measure tire marks; photograph bloodstains; and inventory debris. They will comb through the vehicles themselves, detailing each item of damage and how it contributes to the story of what happened on that fateful day or night. Was there a flawed or faulty part?
Accident Reconstruction Expert Report and Injury Claims
The report of the victim’s accident reconstructionist will be invaluable in determining legal arguments regarding the cause of the accident, how it happened from second to second, and exactly what parties have legal liability for the resulting harm.
These experts can help shed light on legal duties that have been breached, such as:
- Speeding
- Driving while under the influence of alcohol or drugs
- Failures of a component or part of the car, SUV, pickup, or semi-truck
- Driver’s inability to control the vehicle because of a failure or defect in a vehicle part or product
- Weather conditions that contributed to the event (extreme heat, ice, snow, blizzards, etc.)
- Third party contributions such as failure in the upkeep of property or premises (inadequate lighting; failure to maintain trees or shrubs so that line of sight is blocked, etc.).
From these findings, the accident victim’s lawyer can prepare the prima facie case against all those who may bear responsibility for the catastrophic crash. Not only the driver, but the owner of the motor vehicle, others on the road at the time of the crash, premises owners, and manufacturers or suppliers of parts or products that failed in the accident may have culpability defined by law.
Also read:
- Defective Car Parts & Liability for Fatal Crashes and Serious Injuries in Illinois and Indiana;
- Tire Failure and Fatal Crashes in Indiana and Illinois: the Legal Duty of Tire Maintenance;
- Defective Car Parts & Liability for Fatal Crashes and Serious Injuries in Illinois and Indiana;
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois;
- Liable for Drunk Driving Accidents in Indiana and Illinois: Social Party Hosts, Bars, Restaurants.
Of course, there may be several different reconstructionists at work in a fatal motor vehicle accident. Their conclusions may be similar or divergent. These variations must be understood and explained by the claimant in order to successfully recover damages from those responsible.
For the accident victims and their loved ones, it is vital to have an experienced advocate working with them who understands (1) the complexities of crash reconstruction and the need for an effective reconstructionist to bolster their injury claims for justice and (2) how insurance companies and their policyholders work to reduce payouts and to limit or deny liability for accidents. See, Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases.
To see examples of accident reconstruction videos, visit our Accident Reconstruction Videos page.
Accident Reconstruction and Justice After a Serious Car Crash in Illinois or Indiana
For accident victims of a serious motor vehicle accident and their loved ones, state laws exist in both Illinois and Indiana that establish legal rights for recompense from one or more parties found legally liable for the crash.
Each of these events must be given its due respect and consideration. No two cases are identical. Evaluations may involve both legal analysis and factual investigations that require significant time and expense in order to obtain justice for those who have been hurt or killed in the accident.
Also read: What To Do If You’ve Been Injured In A Car Crash in Illinois and What To Do If You’ve Been Hurt In an Indiana Car Crash.
Damages may include the following:
- Medical expenses for immediate care as well as things like physical therapy and rehabilitation;
- Lost wages;
- Lost earning capacity;
- Pain and suffering;
- Loss of companionship or consortium.
Accident reconstruction experts are often key in these investigations, where not only drivers but employers; fleet owners; manufacturers; suppliers; landowners; repair/maintenance companies; or other third parties share in legal liability for the harm suffered by the accident victims and their loved ones.
The contribution of the accident reconstruction expert cannot be underestimated in the application of Illinois or Indiana law to legal claims for damages after a serious or fatal motor vehicle accident. Please be careful out there!
