These days, we hear a lot about accident reconstruction and itscontribution to the claim process. Traffic collision investigationand litigation often require a clear view of the events surroundinga collision, and accident reconstructionists are trained to aid theparties involved gain that understanding.

Accident reconstructionists often assist claim examiners anddefense attorneys to evaluate collisions and address issues raisedduring analyses of claims. One of the more common issuesencountered is an analysis of the forces that occur duringlow-speed collisions. Typically, these sorts of collisions involvelittle or no visible exterior damage, and a questionable level ofmedical care resulting from the impact.

Proper questioning during a recorded statement or examinationunder oath can provide a reconstructionist with informationrelating to the post-impact movement of the stricken vehicle: howfar it was moved, whether the brakes were applied, whether thevehicles were in contact when they came to rest, pre-existingdamage, or prior collisions. With these and a few other questions,the reconstructionist should be able to quantify the accelerationforces experienced during the impact and apply those forces to theresults of collisions conducted under controlled conditions. Withthis information, he also will be able to assess the likelihood ofresultant injuries.

Another commonly raised issue involves matching damage betweenthe stricken vehicle, or the target vehicle, and the strikingvehicle, the bullet vehicle. This is useful in determining whetherapparent damage to the vehicle was unrelated or sustained as aresult of a collision other than that described in the claim fordamages.

Other factors reconstructionists consider include speed,time-and-distance analysis, occupant movement during impact,collision avoidance opportunities, and driver strategy and tactics.An accident reconstructionist with law enforcement experience alsoshould be able to provide assistance with questions relating toright of way, negligence, and criminal culpability.

A Question of Time

To maximize his effectiveness, an accident reconstructionistshould be engaged early in the process. Ideally, he would be on thescene, conducting an independent investigation along side theat-scene law enforcement investigator. Unfortunately, this isimpractical. At best, the reconstructionist might be notified andretained as soon as the collision is reported to the carrier. Suchearly notification will allow him to respond to the scene while itis still relatively intact, and pavement markings applied by thepolice or skid and gouge marks might still be visible.

More importantly, the involved vehicles are more likely to bereadily available for inspection. From the inspection, detailedmeasurements can be taken and valuable information can be obtained,photographed, documented and preserved, even if, at a later time,the vehicle is unavailable.

Some information needed by the reconstructionist relates to thedistances the bullet and target vehicles were moved by the impact;the distance separating the involved vehicles at rest; theirat-rest positions on the roadway; brake application before, during,and after the collision; and the presence of any unusually heavyitems in the vehicles.

Weights of the loaded vehicles should be recorded, if possible,especially in the cases of commercial vehicles. In many states,vehicles that are issued commercial license plates will have theirunladen weights listed on the registration documents. If the weightof the vehicle at the time of the collision is not available, anestimate of the weight of the load should be obtained.

Often, parties to a collision will claim incapacitatinginjuries. In such cases, the investigator should ask detailedquestions regarding the movement of occupants, restraint usage,air-bag deployment, and interior contact points. Such claims mightbe further investigated by use of surveillance techniques, whichshould be considered.

The reality is that an expert most often is retained monthsafter the collision occurs. In these situations, the expert shouldbe provided with as much information as possible, includingeverything in the claim file. He also should be allowed to performa situs examination. If there is an question regarding contactbetween the vehicles, an in-person inspection of all vehiclesinvolved, if available, should be performed. This includes vehiclesthat have been repaired following the accident but before thereconstructionist is hired.

The expert can verify whether the repair has been accomplished.He can look for evidence of residual damage, as well as evidence ofother, preexisting damage, and he can take measurements to be usedto compare to photographs depicting the involved vehicles in theirdamaged states. Of course, if the vehicles have not been repaired,he should be able to make a direct comparison of damages.

Care needs to be used in establishing protocols relating to therelease of information to experts. Some information, such as theinsured driver's statements, may be held back, at the request ofthe defense counsel, to eliminate discovery issues.

Accident reconstructionists can be a valuable part of theclaim-handling and litigation team, providing insight and advice.When faced with a legitimate collision, if liability is an issue,exposure is high, or the insured faces the potential of criminallitigation, an accident reconstructionist, working in concert withan attorney at an early stage, can provide maximum protection toboth the insured and carrier.

Richard C. Rinker is an accident reconstructionist with MJMInvestigations. Phil Peart is the former editor-in-chief of FraudInternational.