Florida Court Discusses Expert Testimony in Car Accident Cases

In many vehicle accident instances, there is no doubt that the plaintiff was injured as a result of the incident. In other cases, however, the defendant may contend that the plaintiff’s asserted injuries were not caused by the collision. In such cases, the defendant may attempt to call a biomechanical expert to testify regarding the force used in the collision and whether it was adequate to cause the plaintiff’s injuries. In a case where the plaintiff complained that the expert was not qualified to opine on the issue of causation, a Florida court recently reviewed the constraints imposed on biomechanical experts in vehicle accident cases. If you were hurt in a car accident, it’s vital to know what evidence may be used to contradict your claims, and it’s a good idea to consult with a skilled Florida car accident lawyer to discuss your alternatives.

The Case’s Background

According to reports, the plaintiff was hurt in a collision with the defendant. She then launched a lawsuit, claiming that the defendant’s careless driving had caused her injury. The defendant claimed that the crash did not cause the plaintiff’s injuries and stated that she planned to back up her claim with the testimony of a biomechanical expert. The plaintiff wanted to have the expert testify excluded because he was unqualified to testify about whether the collision caused the plaintiff’s injuries. The plaintiff’s motion was eventually allowed by the court.

Biomechanical Experts’ Testimony Is Acceptable

Expert testimony is governed in federal courts by Rule 702 of the Federal Rules of Evidence, which states that a person who is qualified by experience, training, skill, or education may testify if his or her knowledge will assist the fact finder in understanding the evidence or determining a disputed fact, and the testimony is based on adequate data or facts and is the product of reliable methods and principles.

The party requesting expert witness has the duty of setting the right groundwork and demonstrating that the expert’s judgment is acceptable by a preponderance of the evidence. The defense disclosed a biomechanical expert in the matter at hand, who computed the pressures acting on the plaintiff in the incident at hand and assessed on whether the force was sufficient to cause the plaintiff’s harm. The plaintiff claimed that because the expert was not a medical doctor, he couldn’t testify on causality.

The court eventually agreed, saying that biomechanical engineers are often not permitted to provide comments on the precise cause of an accident because they lack the medical skills required to identify people’s pre-existing medical problems and tolerance levels. As a result, the plaintiff’s request was granted, and the defendant’s biomechanical expert was excluded from testifying on the causation issue.

Speak with an Experienced Florida Car Accident Attorney.

People who are injured in car accidents frequently suffer serious injuries, and in many cases, they are able to seek compensation from the persons who are responsible for their losses. If you have been injured in a car accident, you should contact an attorney about your options. The experienced Florida car accident lawyers of Lusk, Drasites & Tolisano, P.A. are adept at proving liability in car accident cases, and if we represent you, we will work tirelessly on your behalf. You can contact us via our online form or by calling us at 800-283-7442 to set up a conference.

 

 

 

 

 

 

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