The aftermath of a motorcycle accident can be worse than a wreck involving a passenger vehicle. The damage to your bike and the injuries sustained can be serious thanks to the safety features of a motorcycle. Filing an injury claim after a motorcycle accident can be complicated because various factors come into play.
Your claim will be affected by state and federal regulations, insurance laws, and the cooperation of the defendant and that’s why you should hire a competent accident attorney to increase the chances of receiving the justice that you deserve. That said, you should schedule a free consultation with a Bakersfield accident lawyer to review your case and develop a recovery strategy.
Who is an expert witness?
Bringing a successful personal injury claim requires other things. Besides an experienced lawyer expert witnesses can help you build a strong case against the defendant and recover damages for your loss. An expert witness is a trained professional who specializes in testifying and answering questions related to your type of case/claim.
Most attorneys use the services of expert witnesses to help them strengthen and bolster their clients’ cases. Remember that not anyone can give their statements or testify in court. In simpler terms, a witness requires certain qualifications, including:
- A witness must have observed the accident–hearsay is not considered observing;
- A witness should have been present at the scene of the crash when the accident occurred;
- The witness should be reputable;
- The witness should agree to testify voluntarily, and more.
Legally, witnesses shouldn’t give their opinions. Instead, they should just state the facts.
An expert witness slightly differs from ordinary witnesses. Expert witnesses have special, training and skills that allow them to evaluate motorcycle accidents and offer their opinion, which is considered expert opinion to the court or jury. Although expert witnesses are never present at the accident scene, meaning they typically do not witness accidents, they’re qualified and possess the right skills to evaluate information related to an accident and give an informed opinion to the jury/court.
Importance of an Expert Witness to your Motorcycle Claim
Determining fault in a motorbike accident is more difficult than determining fault in a car accident. For instance, motorbikes utilize different mechanics, and technologies, and have different safety features compared to passenger vehicles.
That said, an expert witness can help the court or jury understand the complexities of a motorbike accident in a simple way. In other words, the opinion of an expert witness provides the necessary information required by the court to make informed decisions. For instance, the jury can get the information listed below, thanks to the opinion or information provided by the expert witness:
- How and why did the accident occur;
- Who is responsible for the accident;
- The extent of loss––bodily injuries and property damage;
- The financial compensation that the plaintiff is entitled to;
Without the above-listed information, the court cannot make an informed ruling.
Types of Expert Witnesses
There are many types of expert witnesses and they are hired depending on the type of your case. The following expert witnesses can be hired when dealing with a motorcycle accident:
Accident Reconstruction Expert Witnesses
They reconstruct a crash to help determine fault.
Medical Expert Witnesses
Their services are needed to demonstrate the severity, scope, or extent of your injuries and give an opinion about the current and future treatment needed by the plaintiff.
Psychological Expert Witnesses
Their work is to demonstrate the mental and emotional toll of your accident.
Financial Expert Witnesses
They help calculate the loss suffered by the plaintiff by factoring. In simple words, financial expert witnesses calculate the value of your claim by factoring in medical expenses, lost wages, and non-financial losses resulting from your accident.
Vocational (Rehabilitation) Expert Witnesses
Vocational expert witnesses help the court determine loss of earning capacity resulting from incapacitation thanks to your injuries.
Roadway Design Expert Witnesses
They assess roadway defects that could have played a role in causing the accident.
Mechanical Expert Witnesses
Their work is to analyze the mechanical condition of your motorbike and determine whether it was the cause of the accident.
Forensic Toxicologist Expert Witnesses
These are professionals who can demonstrate that alcohol and drug impairment was responsible for the accident.
Their role is to find out if the motorcyclist has prior safety violations.
Metallurgist Expert Witnesses
This is a scientist who can evaluate whether the load or the capacity of the motorbike played a role in the accident.
Pathologist Expert Witness
This is an expert who helps the court know the likely cause of death in a fatal motorcycle accident.
The services of an expert witness can be invaluable to a motorcycle injury claim because they help the jury/ court get the necessary data needed to make an informed ruling.