What are South Carolina’s Laws Regarding the Use of Expert Witnesses?
According to the South Carolina Judicial Branch, expert witnesses may be used in accident cases to explain scientific, technical facts or give an opinion regarding issues that may be in question. A judge will determine if an individual qualifies as an expert witness by ascertaining if they possess the skills, knowledge, and training to meet the requirements.
The opinions that experts offer in truck accident cases are based on facts, data, or their professional opinions. Before an expert witness may be allowed to testify, each side must disclose the names of anyone whom they intend to call during the trial.
Per state law, expert witnesses are not allowed to offer opinions as to whether a party’s conduct should be constituted as negligence. Expert witnesses are also not permitted to speculate or offer conclusions on topics that are outside of their scope of expertise.
What Kind of Expert Witnesses Are Used in Truck Accident Cases?
Depending on the circumstances involved in the accident, your truck accident attorney may call on several different types of expert witnesses to corroborate your case. Some of the most commonly used expert witnesses in truck accident cases include:
Accident Reconstruction Experts
Truck accident reconstruction experts have the skills and training to professionally investigate the crash site and vehicle data to determine what occurred and if driver error played a factor. Reconstruction experts also assess other factors that may have led to the collision, such as the sequence of events, and determine if speeding led to the accident by analyzing critical evidence such as skid marks, braking distances, and the debris field.
Medical Experts
Medical professionals can present expert testimony regarding the victim’s injuries, tests performed, prognosis, and any long-lasting impacts that could affect them.
Trucking Industry Experts
Trucking industry experts are often called upon to determine if the driver or their trucking company violated federal safety rules and regulations. These experts can analyze the driver logs and maintenance records to establish if the driver or trucking company should be held liable for the accident.
Vocational Experts
Vocational experts testify as to how the accident has impacted the victim’s ability to work and earn a living. A vocational expert will assess the accident victim’s previous employment, skills, education, and other factors to determine their lost wages and loss of earning potential.
Other expert witnesses that are often used in truck accident cases include vocational, financial, and forensic toxicologists. These experts can testify to the victim’s ability to work, how they have been affected financially, or if the truck driver was impaired at the time of the crash.
How Can the Use of Expert Witnesses Substantiate My Truck Accident Case?
Truck accident claims can be overly complex and are often challenged by the trucking companies and their insurance providers. Many trucking companies face numerous accident claims annually, and their insurers commonly look for ways to reduce or deny claims.
One of the most significant advantages of having an expert witness testify is that they can explain complex issues that are often challenging to understand without the witness’s explanation. For example, many truck accidents are the result of driver negligence. An expert witness can break down highly technical evidence and data into easy-to-understand information for the judge and jury.
An additional benefit of having an expert testify in a truck accident case is that insurance companies often try to argue that accident victims share liability for an accident so that they can reduce their settlement under the state’s comparative negligence laws. One of the most effective ways to refute these claims is to have an expert witness provide testimony as to how the accident occurred.
Can Expert Witness Testimony Influence Settlement Negotiations?
Having an expert witness testify on your behalf is not only beneficial to explain technical details to the judge or jury, but also because they provide objective viewpoints. Personal injury attorneys utilize witness testimony to lend credibility to the case.
Although most lawsuits do not go to trial, the power of having an expert witness can significantly influence the insurance company to settle the claim out of court. Suppose you were injured in a large commercial vehicle accident and are unable to work due to your injuries. A medical expert can testify as to your prognosis and any further medical procedure you may require that affects your ability to return to the workforce
A financial expert could also testify regarding your economic losses and how they will impact you in the future. Having a wide array of witnesses can help your attorney accurately depict your medical and financial situation to ensure you receive maximum compensation for your injuries.
What Makes Your Law Firm the Right Choice to Represent Me in a Truck Accident Case?
Hammack Law Firm has a proven record of helping our clients navigate the legal complexities involved when filing truck accident claims. Our South Carolina personal injury lawyers are committed to pursuing excellence so that those who trust us with their legal needs can have confidence in our representation.
When you come to us for help, we are also dedicated to winning your case so that you can confidently face the future. Unlike many other law firms that concentrate on their profitability, we put the personal back in personal injury.
If you have been injured in a truck accident, you must seek qualified legal representation to ensure that the negligent parties are held accountable for their actions. Contact our Greenville, SC, law offices today at 864-766-7108 to schedule a free initial consultation so that we can get started working on your case.
