Perhaps you were sitting at a red light on Interstate 79 in Austin when you were rear-ended or a distracted driver veered over into your lane on 358 and crashed into your driver's side door. Either way, you’re injured and you went to the hospital for treatment and then to your primary care physician a few days later for a follow up.
Both of the doctors told you that your injuries were related to the accident. This news makes you feel confident, because you are sure that this means the insurance company will give you fair compensation for your accident claim, since the evidence presented is so clearly in your favor. Unfortunately, however, a biomechanical expert for the defense may ruin your case.
Biomechanical Experts Aim to Discredit Your Claim
Biomechanical experts are hired to give their opinions about whether the damage done to vehicles involved in accidents is significant enough to create the types of injuries that victims claim they sustained in the accident. Often times, the “experts” are hired by the defense to refute the claims of the accident victims. Unfortunately, judges and juries can be persuaded by the “expert” testimony and deny an accident victim the financial compensation he deserves. Even if a doctor states that the injuries were the direct result of accidents, a biomechanical expert can put just enough doubt in the minds of the judge or jury to stop you from getting your just compensation. With the help of a good attorney, however, you may be able to prove that the accident is to blame for your injuries.
How an Attorney Can Expose the Truth
Having the title of “biomechanical expert” often encourages people to believe everything they say. However, they are often given more credit than they deserve. An attorney can prove that their word isn’t always the most reliable, and here’s how:
- Looking into the expert’s background and education. Biomechanical experts are often believed to be much more credible than they actually are. A look into the educational background of these experts often reveals that they don’t have much in the way of medical or engineering training, which is good news for you. A lawyer can point this out to the judge or jury, which could help in excluding his testimony by proving that he is not qualified to give that kind of opinion based on his knowledge and experience in the subject.
- Asking the right questions. All too often, an attorney allows a biomechanical expert to give his testimony without asking basic questions that can expose his inadequate training and experience, and show how he may base his opinion on assumptions and not facts. For instance, an attorney can reveal a lot by simply asking about the accident victim’s body type, position at the moment of impact, and gender. If the “expert” doesn’t know the answers to these questions, it is likely that his conclusion regarding the accident isn’t going to be completely accurate. Also, asking about road conditions, the construction of the seat back, the sizes of the vehicles, and even seatbelt use can discredit the expert’s opinion, especially if he doesn’t know all of these important factors.
- Examining the evidence. Biomechanical experts often use the results of studies to come up with their conclusions. These studies, however, are not always an accurate way to make a conclusion regarding all accidents. A good attorney can expose these flaws by questioning the methods by which these studies obtain their answers. For instance, an attorney can question the technology that was used, the selection sizes for the studies, any bias that was used when determining study participants, and other flaws that could make the expert’s conclusion potentially inaccurate.
Allow Our Legal Experts to Help You
The insurance company will do whatever it can to prevent you from getting the compensation you deserve. The attorneys of Wayne Wright will do all they can to help you get what you are owed, including attempting to show how the biomechanical expert is wrong. Contact us today by calling 800-237-3334 to schedule your consultation and find out what we can do for you.