What Role Does an Expert Witness Play in a Car Accident Case? A Car Accident Lawyer NYC Elaborates

In the aftermath of a car accident as the legal battle for compensation unfolds, the value of having an expert witness attest to your version of events cannot be understated. From accident reconstructionists to medical professionals, their expertise can go a long way into clearing the fog, understanding what really happened, and—most importantly—determining who is at fault. 

In this post, the team at Gabriel Law will take on the role of a seasoned car accident lawyer in NYC and elaborate on the role expert witnesses play in resolving cases where the facts are complex and disputed.

Who is an expert witness?

An expert witness is an individual called to the stand for their specialized knowledge, skill, or experience on a matter that the court is required to understand to make an informed decision. What distinguishes expert witnesses from normal witnesses is that they do not have to witness or perceive the accident in order to give their testimony. They are called to the stand on the basis of their expertise alone.

You do not need to have paper qualifications to be admitted as an expert witness. While it is certainly beneficial to possess such qualifications, so long as it is proved that the person has the particular knowledge, skills, and experience that the court requires, they may be admitted as an expert witness.

What are the limitations on expert witness testimony? 

Despite their specialized status in the case, expert evidence testimony must conform to several limitations in order to be considered admissible in the case. Some of the most prominent limitations are that:

• The testimony must conform to the relevant standard of admissibility—in the US, there are two standards for the admitting of expert testimony: the Frye standard and the Daubert standard. In New York, the standard that is followed is the Frye standard.

• The testimony being relevant to the fact in issue 

• The expert witness must not offer legal advice.

• The expert witness shall be subject to cross-examination. 

What are the types of expert witnesses called in car accident cases?

The type of expert witness required will depend on the circumstances of the car accident. However, the individuals commonly called to the stand as expert witnesses in car accidents are

• Accident reconstruction experts

• Doctors and other medical personnel

• Vocational experts

• Mental health experts 

• Automotive and mechanical experts

• Cell phone and tech experts 

What are the benefits of having an expert witness?

Having an expert witness take the stand and corroborate your version of events can bridge the gaps between the facts in issue and the law, significantly bolstering your position and increasing the likelihood of you walking away with a favorable settlement. Some of the key benefits of calling an expert witness are:

• The access to specialized knowledge—an expert witness can bring to the table the ability to unravel and coherently explain the technical aspects of the case in a way that a lawyer could not. 

• The enhanced strength and credibility of your case—When you bring an expert witness to the stand, it's not just about presenting information. Since they too put their professional reputation on the line when presenting testimony, it fosters a greater sense of credibility in your case compared to that of the other side. 

What are the challenges connected with expert witnesses?

While there is a lot of benefit to having an expert witness, getting one to take the stand is not without its challenges. Some of the most significant challenges are:

• The cost consideration—There are a lot of costs involving expert witnesses, such as the witness fee, travel expenses, and administrative costs. Therefore, a real cost-benefit analysis is required to determine whether an expert witness is truly necessary in order to succeed. 

• The selection process—As any personal injury lawyer would tell you, there is an art to selecting the right expert witness. You need to invest considerable time to ensure that the witness has the proper qualifications, their testimony is accurate, and that it is strong enough to withstand a cross-examination.

• Bias and credibility—Like any human, even experts have their biases and prejudices. However, it is important that this does not undermine their testimony. Furthermore, questions about their credibility can also compromise the effectiveness of their testimony and your case as a whole.

Conclusion 

In car accident cases, having an expert witness take the stand and corroborate your side of the story can mean a great deal in securing the strength and credibility of your case, and you are more likely to walk away with a favorable settlement as a result. However, there are a few caveats you need to consider before calling on an expert witness. As a personal injury law firm in NYC, we at Gabriel Law handle a lot of personal injury cases, and we can rely on our expertise to determine whether your case will need the help of expert evidence. Call us today and schedule your free consultation. Our legal guidance and expertise are second to none.