The Role of Expert Witnesses in Ohio Car Accident Cases
When you get hurt in a car crash in Ohio, you may pursue a legal claim against the driver(s) at fault for the accident. Proving your right to recover compensation from another driver in a car accident will require you to present evidence to prove fault. In many cases, car accident victims may rely on expert witness reports or testimony to prove various elements of their claims, including liability, injuries, or damages. Understanding the role that expert witnesses can play in a car accident claim can help you prepare a compelling case.
What Is an Expert Witness
An expert witness can provide testimony to help a jury or factfinder in a trial understand technical issues outside the knowledge or understanding of the average person. Expert witnesses differ from fact witnesses, who testify based on their personal observations and experiences regarding underlying events in the case. Expert witnesses can give opinions about technical issues in a case, providing their opinions to a reasonable degree of scientific certainty. Experts can develop their opinions from scientific testing based on the facts of the case or from generally accepted scientific principles.
In many cases, parties will present competing expert witnesses who offer contrasting opinions. As a result, the credibility of an expert witness can influence the outcome of a case.
Types of Expert Witnesses in Car Accident Cases
In car accident lawsuits, parties may retain various types of expert witnesses, such as:
- Accident reconstructionists: Accident reconstruction experts can review evidence from a car accident scene and use that information to provide a narrative description or visual representation of what happened in an accident, based on physics and other scientific principles. Describing what happened in a car accident can help convince the factfinder about who caused the crash.
- Automotive engineering experts: Automotive engineering experts may testify in cases where vehicle defects or negligent maintenance/repairs allegedly caused the car accident.
- Medical experts: Parties might present physicians or other medical experts to discuss the plaintiff’s alleged injuries, their long-term prognosis, and their future treatment needs.
- Economic experts: Economic experts can help calculate future lost wages, lost earning capacity, and future medical expenses, and determine the present dollar value of those losses.
How Expert Witnesses Strengthen a Case
Expert witnesses can help bolster a car accident claim or a defense against a claim of liability for a car crash in several ways, including:
- Clarifying highly technical issues or scientific details for the jury and judge
- Providing a scientifically-based explanation of causation between the car accident and the plaintiff’s injuries
- Calculating economic and non-economic losses
- Highlighting deficiencies in the opposing party’s expert’s testimony to challenge that expert’s credibility
Ohio-Specific Considerations
The Ohio Rules of Evidence, specifically Rule 702, govern the admission of expert testimony in car accident lawsuits. The rules state that an expert witness can testify if the court finds it more likely than not that:
- The witness’s testimony relates to matters beyond the experience or knowledge of laypersons or dispels a misconception common among laypersons.
- The witness has specialized skill, knowledge, experience, training, or education related to the subject matter of their testimony.
- The witness has based their testimony on reliable scientific, technical, or specialized information, and their opinion(s) reflect a reliable application of scientific or technical principles and methods to the case’s facts.
Contact a Car Accident Attorney Today
After getting hurt in a car crash in Ohio, expert witnesses can help you prove your right to recover compensation for your injuries and losses. Contact Kitrick, Lewis & Staley-Sladek Co., L.P.A. today for a free, no-obligation consultation with a car accident lawyer to learn more about the benefits of having expert witness testimony to support your legal claim.