Accident Reconstruction Experts in Georgia Personal Injury Cases

An accident reconstruction expert uses physical evidence and vehicle data to explain how a crash happened, including speed, sequence, and whether it could have been avoided. Not every Georgia case needs one. The question is whether a dispute can actually be answered by physics, and whether the data still exists. If it does, the opinion still has to pass § 24-7-702, so a persuasive-looking animation isn’t enough without sound inputs behind it.

When it’s worth hiring one

Situation	Reconstruction may help	Probably won't help much
Speed is disputed	Marks, crush, or vehicle data exist	Nothing was preserved
Who entered first	Signal timing, video, or data	Two people say different things, with no physical evidence
Could it have been avoided?	Sight lines and timing can be measured	Conditions can't be re-created
Several vehicles	Order of impacts can be worked out	A clear rear-end with admitted fault
The police report looks wrong	Physical evidence contradicts it	The dispute is only about who's believable
Truck or commercial vehicle	Engine and fleet data exist	Records are lost; see the spoliation question

Cost matters. Ask for an estimate in writing, and compare it with what the opinion could add to your case. A case with a small policy and clear fault may not support the expense.

The data, and how fast it can vanish

An expert can’t analyze what’s gone, so the first call may be about preservation.

Evidence	Risk	Step
Your own vehicle	Repair, salvage sale, or an insurer's tow	Ask your insurer in writing to hold it, and keep it until it's inspected
Other vehicle	Same	A preservation letter to its owner and insurer
Event data recorder	Overwritten or lost if the car is scrapped	Download by a qualified person
Roadway marks	Fade with traffic and weather	Photograph now, with something to show scale
Video	Overwritten	Letter to the camera owner now
Signal timing	Plans can change	Request from the agency that runs the signal
Phones and fleet systems	Retention limits	Letter now; subpoena after suit

Surveillance video has its own steps. 49 CFR § 563.5 defines an event data recorder as a device that records “dynamic time-series data” just before or during a crash, and it excludes audio and video. Section 563.7 lists data elements for vehicles that have one, including vehicle speed, throttle, and service brake status. Not every vehicle or event is captured. A loss from failing to keep evidence raises the question in Phillips v. Harmon, 297 Ga. 386 (2015), which ties spoliation to “contemplated or pending litigation”.

Trucks add other records, covered in truck evidence preservation and electronic logging device evidence.

What the expert does

• Visits the site, and measures grade, sight lines, and marks.
• Inspects the vehicles, and documents crush and contact points.
• Reviews the police report, photos, video, witness statements, and data.
• Runs calculations, such as speed from marks or time and distance.
• Uses simulation software where the inputs support it.
• States an opinion, with a range where one is appropriate.
• Testifies at a deposition and at trial.

Be wary of a single, exact speed from limited data. A range with stated assumptions is easier to defend.

Meeting § 24-7-702

Under § 24-7-702(b), the testimony must rest on “sufficient facts or data”, be “the product of reliable principles and methods”, and reliably apply them to the case. A Georgia road case shows the risk. In HNTB Georgia v. Hamilton-King, 287 Ga. 641 (2010), an engineer was accepted as qualified, but his opinions about a construction traffic plan were excluded because no indication of his principles and methods was provided. The Supreme Court of Georgia found no abuse of discretion.

Relevance has a part too. Scapa Dryer Fabrics v. Knight, 299 Ga. 286 (2016), speaks of the “fit” between testimony and the issues. An opinion on speed doesn’t help if the question is whether a driver had time to react, unless it connects to that question.

Questions to test an expert before hiring:

Ask	Why
What's your training, and do you hold an accreditation, such as from the Accreditation Commission for Traffic Accident Reconstruction?	Qualifications are the first attack
Has a court limited or excluded your testimony?	It will be found
What data do you need, and what if it's missing?	Sufficient facts
Could someone else repeat your calculation?	Reliable method
What would change your opinion?	A candid expert has an answer
Have you worked for both sides?	Bias questions

Expert disclosure and depositions work under § 9-11-26(b)(4), and expert disclosures and Daubert covers the challenge process.

Simulations and animations

A simulation calculates results from inputs. An animation shows a picture of what someone believes happened. A jury may give a moving image more weight than it deserves, so the other side can ask what’s assumed and what’s actually known. If you plan to use one, have the expert explain each input, and be ready for a challenge on foundation and fairness. Video from the scene, where it exists, can be stronger, subject to § 24-9-923.

The other side’s reconstructionist

The defense may hire its own, and may reach the vehicles first. Ask early who has inspected what, and ask for joint inspections when a test could change the evidence. Destructive testing shouldn’t happen without notice. An opposing report can be tested on its assumptions, data, and what was left out. The two experts may agree on the physics and part ways on one input, and that input is where the case will be argued.

How it fits with the rest of the proof

A reconstruction doesn’t replace witnesses. It can support or contradict them. The scene investigation gathers what the expert will use, and the police report may be a starting point for questions. A finding on impact speed can also help a doctor on causation, if the doctor has a basis to use it.

Sources

• HNTB Georgia v. Hamilton-King, 287 Ga. 641
• Scapa Dryer Fabrics v. Knight, 299 Ga. 286
• Phillips v. Harmon, 297 Ga. 386
• 49 CFR § 563.5
• 49 CFR § 563.7
• Official Code of Georgia Annotated, November 2022 public release: §§ 9-11-26, 24-7-702, 24-9-923

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.