Road Accident Fund claims: The role of an Accident Reconstruction Expert
One of the requirements to be successful with a Road Accident Fund claim, is to prove that the accident was due to the negligent driving of another person. It frequently happens that drivers deny that an accident was their fault, that there are no witnesses or that those involved can’t quite remember how an accident happened. How do you then prove your case?
See our article on the basics of an RAF
Before you are able to receive any compensation from the RAF, the liability or merits of your case will have to be successfully proven. This is where the expertise of an Accident Reconstruction Expert is the key to proving your case.
What is an Accident Reconstruction Expert?
An accident reconstruction specialist, as the name suggests, can recreate the accident scene in a way that answers unknown questions about the incident. In other words, an accident reconstruction expert can explain each part of how an accident happened, step-by-step, to the court. With the right information they can even determine the direction, speed and angles of impact.
Accident reconstruction is (currently) an unregulated industry, however the courts can decide whether a person on the witness stand providing the opinion has enough experience, skills and knowledge in his field to be considered an expert.
Accident reconstruction experts commonly have a background in Physics, Mathematics or Engineering which they use to conduct an analysis of the accident. From these principles, they can form opinions as to velocity, collision angles, driver visibility, and other causal factors of the accident.
Assessor, Investigator or Reconstructionist?
When it comes to qualification and skill, there are about as many variations in the accident attendance domain as there are in the medical field. Skills range from basic photography and narrative skills through advanced 3D computer visualisation, mechanical engineering and even psychology.
Accident Assessors are usually involved in the insurance industry where customers claim for damage to their vehicles. They primarily focus on the damage to the vehicle, while the merit (liability) elements are only included for settlement or civil litigation purposes. Unless they have the necessary qualifications, they do not regularly testify in court as experts on the dynamics of an accident as findings or opinions have to be scientifically supported.
The level of the investigation an “accident investigator” can go to is often limited to the accident scene and involved vehicles, and would make for a good reference – but often falls short for the purpose of expert analysis for legal purposes.
A Reconstructionist will have the expertise and ability to perform calculations and provide scientific opinion on the dynamics of an accident. As the person most likely to have to reconstruct the cause of the accident, testify as to the many particular elements of evidence that contributed to the accident and/or the one most likely to identify these elements immediately at the scene of the accident, there is no better person to have at the scene than the Reconstructionist.
What does an accident reconstruction expert do?
An accident reconstruction expert can be involved in all phases, which includes:
- Visiting the accident scene;
- Taking measurements;
- Taking photographs of the accident scene, vehicle and injuries or damage;
- Obtaining witness statements;
- Doing calculations and postulations to explain the dynamics of an accident;
- Providing accident drawings and sketches; and
- Provide their opinion and reports to court as an expert witness.
Serious accidents may involve numerous other elements that need special consideration. These might include vehicle mechanical systems-, brake system maintenance-, tyre analysis-, human factor analysis-, lighting conditions-, loading dynamics- and even seatbelt, airbag and occupant kinematic considerations.
For more information on the process to be followed in a Road Accident Fund claim, feel free to contact our offices with any questions at 012 809 1588 or send an email to paul@pauldup.co.za