Biomechanical Experts & Truck Accident Cases
Biomechanical Experts
When representing victims in Michigan truck accident lawsuits, I face a number of “defenses” from the trucking companies. First, the trucking company denies responsibility for the accident. Second, the trucking company blames the victim for causing the accident.
Next, the trucking company hires doctors and pays them a lot of money to say that the victim was not actually injured in the accident. Often, to supoort this defense, they will hire a biomechanical to provide “expert testimony” that the forces of a particular auto accident were incapable of causing significant injury to the occupants.
Essentially, these so called biomechanical experts to argue to a jury that a particular plaintiff could not have been injured in a low impact and/or low property damage accident. This new trend has emerged in numerous trial courts, not only in Michigan, but throughout the United States. Most often, these experts appear in caseswhere the Plaintiff has sustained an injury to the neck or back (such as a herniated disc) or in cases involving a traumatic brain injury (closed head injury).
Many courts, including those in Michigan, have found that the opinions of these experts are not reliable and not based upon proper scientific analysis. With proper preparation and cross-examination, many of these experts have been stricken by the courts and not permitted to testify at trial. M firm has strongly and successfully fought to preclude this type of testimony from being introduced in auto accident cases.
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