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 also should be able to provide assistance with questions relating to right of way, negligence, and criminal culpability.

A Question of Time

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

More importantly, the involved vehicles are more likely to be readily available for inspection. From the inspection, detailed measurements 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 the distances the bullet and target vehicles were moved by the impact; the distance separating the involved vehicles at rest; their at-rest positions on the roadway; brake application before, during, and after the collision; and the presence of any unusually heavy items 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 their unladen weights listed on the registration documents. If the weight of the vehicle at the time of the collision is not available, an estimate of the weight of the load should be obtained.

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

The reality is that an expert most often is retained months after the collision occurs. In these situations, the expert should be provided with as much information as possible, including everything in the claim file. He also should be allowed to perform a situs examination. If there is an question regarding contact between the vehicles, an in-person inspection of all vehicles involved, if available, should be performed. This includes vehicles that have been repaired following the accident but before the reconstructionist is hired.

The expert can verify whether the repair has been accomplished. He can look for evidence of residual damage, as well as evidence of other, preexisting damage, and he can take measurements to be used to compare to photographs depicting the involved vehicles in their damaged 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 the release of information to experts. Some information, such as the insured driver's statements, may be held back, at the request of the defense counsel, to eliminate discovery issues.

Accident reconstructionists can be a valuable part of the claim-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 criminal litigation, an accident reconstructionist, working in concert with an attorney at an early stage, can provide maximum protection to both the insured and carrier.

Richard C. Rinker is an accident reconstructionist with MJM Investigations. Phil Peart is the former editor-in-chief of Fraud International.