Truck accident attorneys rely on the testimony of expert witnesses – or individuals and professionals with skilled knowledge, education, or experience in a specific field – who are called upon to use their expertise in legal proceedings in order to assist the courts in understanding complex or scientific issues within an accident case, which may be necessary when establishing liability.
Expert witnesses, which are hired by a legal team, should be consulted as quickly after a truck accident as possible in order to help the attorneys build the strongest case possible. This is not to be confused with another essential type of witness – eyewitnesses – who were present at the time of the accident and can be interview by a legal team or police shortly after to provide helpful testimony relating to the events of the accident.
The Types of Expert Witnesses in a Truck Accident Case
There are many types of expert witnesses that could be called upon to use their expertise in testifying in a truck accident case. A few common types are:
Certified Medical Professionals
Perhaps the most common, certified medical professionals can be called upon to speak to a victim’s injuries, prognosis, and likelihood for recovery. This type of testimony can be paramount for a truck accident case seeking adequate compensation for injuries or loss, and the expert witness may be a member of the victim’s medical team or unaffiliated.
Michigan Law dictates some requirements for this type of expert witness, stating that they must be a licensed medical professional in active practice, or engaged in the instruction of students at an accredited institution. Other requirements set by the court may pertain to the expert witness’s area of specialization or the length of time the expert witness has worked in their capacity in their particular field.
Accident Investigators and Accident Scene Reconstructionists
Michigan accident attorneys at Kajy Law can use the Accreditation Commission for Traffic Accident Reconstruction (ACTAR), which provides a directory of vetted accident reconstructionists who can be called on to testify as an expert witness for a plaintiff. These witnesses, who are a part of the Michigan State Police, can attest to how road conditions, driver impairment or error, etc. may have contributed to the accident.
Psychiatrists, Psychologists, and Other Therapists
Mental health professionals who are able to speak to a victim’s potential post- traumatic stress disorder or other mental health challenges relating to an accident may also be called upon, as well as any occupational or physical therapists who can confidently speak to a victim’s recovery prognosis, all of which are essential factors in determining a settlement.
Can The Defense Use an Expert Witness Testimony?
The answer is yes. When a defense team calls an expert witness to testify, it’s typically a member of the American Board of Independent Medical Examiners who can testify to alternative theories regarding a victim’s injuries or prognosis. Here too, expert witnesses used to testify for the defense must also be a licensed medical professional in active practice or engaged in the instruction of students at an accredited institution.
Defense experts are often called “Independent Medical Examiners”, but their independence has been drawn into question repeatedly by many attorneys because they are compensated by insurance companies. Studies have even shown that they overwhelmingly support an insurance company denial. However, when a case has the proper documentation, the accident injury attorneys at Kajy Law can rebut the claims of the defenses so-called “experts.”
When Experience Matters Turn to Kajy Law
Victims of truck accidents need an experienced Michigan truck accident attorney who can help them to navigate this complex legal process, hire independent investigators and expert witnesses, and avoid delays in compensation.
If you were injured in a Michigan truck accident, call our dedicated team at 877-KAJY-CARES or use our contact form to set up a free consultation.
