If you get involved in a car accident in Texas, it will be up to you to prove that someone else is at fault. This is how the fault-based insurance system works in Texas if you want to hold someone accountable for causing your injuries and losses. Proving fault requires clear and convincing evidence.
One of the strongest types of evidence can be to bring in an expert witness – someone who provides specialized knowledge about complex issues involved in your case. If you wish to discuss the possibility of strengthening your car accident case by hiring an expert (at no pressure to hire us), contact an Austin car accident attorney at FVF Law today.
What Is an Expert Witness?
An expert witness is an individual with specialized knowledge, training, education and/or experience in a particular field who is hired to testify – or give a professional opinion – in a legal case.
In a personal injury claim like a car accident case, an expert witness can be used to explain issues that may not be clear to the average person, such as:
- Liability, or who should be held legally and financially responsible for the crash
- Specific issues that may have contributed, such as auto part defects
- The biomechanics of the crash, or how the forces of the accident affect the human body
- The safety of the road (design, maintenance, hazards present, etc.)
- The victim’s injuries and medical status
- The financial impact the accident has had on the victim
- The cost of the victim’s future medical treatment and care
- The victim’s ability to return to work and normal life after the crash
In Texas, the at-fault party (known as the defendant) is legally responsible for paying for crash-related expenses after an automobile accident. This means there may be disputes regarding who’s at fault and who must pay. Expert witnesses can provide key evidence to help you prove liability.
Types of Expert Witnesses in Car Accident Cases
The Texas Rules of Evidence, Rule 702, defines an expert witness as someone who is “qualified as an expert by knowledge, skill, experience, training, or education.” These individuals have the capability of forming an opinion on a specific matter based on “scientific, technical, or other specialized knowledge.”
Expert witnesses in a car accident case may include:
- Medical experts
- Accident reconstruction experts
- Forensic specialists
- Biomechanical engineers
- Traffic experts or engineers
- Vehicle experts
- Manufacturing experts
- Commercial truck specialists
- Financial/economic experts
- Life care planners
- Mental health experts
- Career experts
- Vocational experts
Bringing in expert witnesses on a car accident case can provide strong evidence that helps a judge and jury form an opinion on the subject at hand. Lay witnesses, by contrast, are normal people who give testimony based on their own perceptions or opinions, such as eyewitnesses who saw your car accident take place.
What Is the Purpose of Hiring an Expert Witness During a Car Accident Case?
Rule 702 states that testimony made by expert witnesses can help the trier of fact understand the evidence or determine a fact in issue. The specialized knowledge an expert witness provides can help support or refute evidence presented by a party.
Expert witness testimony can be used to achieve any of the following goals:
- Reconstructing the accident using data such as the conditions of the road and vehicles, the speeds and directions of both vehicles, and an analysis of property damage.
- Establishing fault and liability based on which party violated a traffic law or acted negligently, meaning below the required standard of care.
- Explaining a victim’s injuries, the expectation for recovery based on similar cases, the cost of future medical care, and the personal impact on the victim.
- Improving the plaintiff’s credibility in court by providing objective facts that support the victim’s claim with a scientific basis.
The purpose of an expert witness in a Texas car accident case will depend on the goal of the party who hired the witness and the type of expert used.
How Important Is Expert Witness Testimony for a Car Accident Claim?
While hiring an expert isn’t mandatory for a car accident case in Texas, doing so can be beneficial in many circumstances. If you have a complicated car accident case with a liability dispute, for example, expert testimony could prove that the other party’s at fault.
If you suffered severe or catastrophic injuries that will affect you for the foreseeable future, a medical expert could help you establish how your life has changed because of the crash. This could lead to a jury awarding greater financial compensation for your pain and suffering or lost quality of life.
Every car accident case is unique. The best way to determine whether you need an expert witness is by consulting an attorney. A car accident lawyer will carefully review your situation and give you an honest opinion as to whether or not your case could benefit from an expert. If your lawyer recommends hiring an expert, he or she can find specialists at the top of the field for you.
How Much Does an Expert Witness Cost?
The price of an expert witness will depend on the professional and how much work he or she is asked to perform for a case. Expert witnesses may charge by the hour or a flat fee. On average, you can expect an expert witness in a car accident case to cost around $350 per hour for case reviews and $450 per hour for deposition appearances. However, high-profile expert witnesses can charge much higher fees, sometimes up to $1,500 per hour.
How to Hire an Expert Witness for Your Texas Car Accident Case
If you think your car accident case may benefit from hiring an expert witness, contact an attorney to assist you with this process. Experienced car accident lawyers have networks of reputable and highly qualified expert witnesses with whom they have worked in the past.
You can count on your attorney to determine when an expert is needed and to hire the perfect person for your case. Your Austin personal injury lawyer will check an expert’s credentials, experience and history of providing testimony during other cases to evaluate whether the individual is right for you. If so, your lawyer can prepare the expert for deposition or trial.
You can discuss expert witnesses in relation to your particular car accident case at no pressure to hire our law firm today. Call FVF Law at (512) 640-2146 anytime. We have more than 100 years of combined legal experience and relationships with top experts in a variety of fields.
