DUI / DWI cases, especially those involving an accident, require an aggressive defense. An experienced New York DUI / DWI attorney will call on an independent expert to reconstruct the events that led up to an accident, and the crash itself, and uncover evidence that points to the defendant’s innocence.
The central goal of the accident reconstructionist is to establish the events leading up to the accident and the circumstances of the crash itself, and determine whether the collision could have been avoided. If the accident was unavoidable under any circumstances, then alcohol did not contribute to the collision.
Time is of the essence in accident reconstruction – it’s extremely important to examine the accident scene and the vehicles involved as quickly as possible, because evidence such as skid marks can disappear quickly. An experienced accident reconstructionist will take photographs of the vehicles and the crash scene and preserve any evidence that is helpful to the defense. Measurements of the accident scene also will help reconstruct the circumstances of the crash.
Every aspect of the crash is meaningful to an accident reconstructionist, including weather conditions, road conditions, traffic patterns, lighting, etc. Skid marks on the roadway are especially instructive, because they show whether the drivers reacted to imminent danger or were unaware of the impending accident.
An accident reconstructionist will examine all vehicles involved and investigate whether there have been any unaddressed safety recalls that contributed to the crash. He or she will examine the vehicles’ headlights, brake lights, and other safety equipment to determine whether everything was functioning correctly at the time of the crash.
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The reconstructionist also will pore over police reports and accompanying diagrams to determine points of impact and other integral factors. Scuff marks on vehicles also can impart information about the dynamics of the accident.
The accident reconstructionist also will interview as many witnesses as possible, including the accused DUI driver and any passengers. Their recollections are essential in establishing the circumstances that led up to the crash.
An independent reconstruction of an accident is essential in drunk driving defense. Police and prosecutors are busy gathering evidence that they believe points to the defendant’s guilt. An independent expert can gather often overlooked evidence that points to the defendant’s innocence. A lawyer who focuses on drunk driving defense can employ an experienced accident reconstructionist to examine every aspect of an accident and uncover evidence that aids in a driver’s defense.
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