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  #1  
Old 12-25-2001, 06:43 PM
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Join Date: Dec 2001
Posts: 17

reconstructionist


How strong is the report or depostion of a reconstructionist at a trial? He has said that the other driver was wreckless and at fault. Wife was cited in the first place based on the what the other driver said. Know one talked to my wife and her opinion was not considered, only that of the other driver. I knew something was not right and I knew that the accident didn't happen the way the other driver said. The reconstructionist has agreed with me and has given his prof. opinion as to what happened. The other side has asked for a trial delay (3months) since getting the reconstructionist report. I take this as a good sign on my behalf.
  #2  
Old 12-25-2001, 07:31 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191

Re: reconstructionist


Quote:
Originally posted by TCBnFlash
How strong is the report or depostion of a reconstructionist at a trial?

MY RESPONSE: It's not his report, or deposition that will necessarily be considered at trial - - it will be his live testimony that will be crucial.


The other side has asked for a trial delay (3months) since getting the reconstructionist report. I take this as a good sign on my behalf.

MY RESPONSE:

It's not good or bad. The only thing this means is :

1. They need time to have their expert review and find holes in your expert's report, and,

2. They will need time to take your expert's deposition, and then have their expert read the transcript for comparison to his report.

Because you have disclosed an expert witness, the other side needs, and has a right to, sufficient time to prepare for their defense at trial. That's all it means. The trial will be won or lost on the expert testimony from both sides, and the chips will fall where they may.

Good luck to you and the wife.

IAAL


  #3  
Old 12-25-2001, 10:21 PM
dabear
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Posts: n/a
I agree with (IAAL) on all basis. A reconstructionist does remarkalbe work. I am trained at advanced collision but not as a collision tech or reconstructionist. Math does not lie. My only question would be, how long after the collision did you/your insurance company get the recon out there at the scene? Or was the scene pre-diagramed due to serious injury/death? If measurements were already taken by the tech then the recon can work the numbers off that info.
  #4  
Old 12-27-2001, 11:54 PM
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Join Date: Dec 2001
Posts: 17
Thank you for your input Gentlemen. I wished i had this computer a long time ago. I have another page on this site in regards to being hit by a mower on the side of the highway. Right across from the accident was a newspaper company and their was a photographer on the spot within minutes. The reconstructionist used those pictures to make his report and findings. By the time i got the site of the accident, everything was gone. I later thought of the pictures that the reporter made and the reconstructionist really like them. (He used the term: He said that if a certain witness was at a certain place, I would be in "high cotton". The witness was in that spot exactly. We have been on this case for five years now, but the reconstructionist has been waiting for us to get a certain witnesses deposition before he could make a final report. We have just been able to get this witness and thus we have the report that my lawyer said " scared them a bit". The reconstructionist is going to be at the trial (which they say is going to be a judge only, not jury. I don't know what to make of that either). By the way, this case is going to be heard in the same county that I live in, just another town. I am afraid i might not get a fair trial due to "good ole boy "stuff. I can say that I am very happy with what i have learned that the reconstructionist has said. Well, gentlemen. The driver of the other side has since died, but we got his deposition a couple of years ago. We had a hard time finding this man after the accident. We finally caught up with him when he was put in jail for Drugs/ Drug paraph. and was convicted. We asked him on his deposition if he was ever arrested for drugs/ drug para. and he said no he had not. He had lost his license just one month prior to hitting my wife due to a DUI, but he was operating tractor pulling a bushog, next to a very busy highway. Scary isn't it when you think about it. Stupid too. Anyways, gotta go and again, thanks for the advice. It has been a long road, but I am glad I know the truth, regardless. My wife was seriously injured/ lost her job/ we had a few rough years after this happened. My daughter was hurt, mainly bounced around, hit here nose. Thanks again for your input.
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